Monday, February 07, 2005

USPQ Publishes TTAB's Uncitable Jiu-Jitsu Decision While Citables Go Unpublished

In its January 31, 2005 issue of the United States Patent Quarterly, BNA includes the TTAB's uncitable, interlocutory, and uninteresting ruling in Rickson Gracie LLC v. Gracie, 73 USPQ2d 1379 (TTAB 2004). It is simply a mystery why BNA would choose to publish this unremarkable November 2004 decision while two citable TTAB decisions from September 2004 remain unpublished: namely, In re Candy Bouquet Int’l, Inc., Serial No. 78058216 (Sept. 8, 2004) and In re White, Serial No. 78175476 (Sept. 8, 2004).
The Gracie case involves a bout between two members of the Brazilian Gracie family, internationally famous in the field of jiu-jitsu. Rickson Gracie seeks to cancel Rorion Gracie's registration for the mark GRACIE JIU-JITSU ACADEMY for a "school for instruction in the art of Jiu-Jitsu." Petitioner amended its originally defective cancellation petition to set out allegations of a false connection under Section 2(a). Respondent filed a motion to dismiss for failure to state a claim. The Board denied the motion, but noted that Petitioner had failed to include in the amended petition an allegation of prior common law rights in the GRACIE name. Petitioner was given 20 days to add that allegation (which was included in its opposition brief on the motion). The Board also issued a scheduling order setting discovery and trial dates.

The TTABlog has no problem with BNA publishing uncitable TTAB decisions, even if they are as dull as Gracie. But citable decisions should receive priority treatment, don't you think?

Text ©John L. Welch 2005. All Rights Reserved.


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