Friday, October 21, 2005

TTABlog Adds Two More Leo Stoller Sanction Rulings to List

A TTABlog reader has provided two more Leo Stoller-related TTAB sanction decisions, in addition to those listed by the TTABlog on Monday, October 17th (here). If you are aware of additional rulings, please send copies to me in pdf form.

  • Bacou USA Safety, Inc. v. S Industries Inc., Opposition No. 91108769 (August 14, 2002) [not citable]. In this opposition involving an application to register the mark STEALTH for sunglasses, eyeglasses, science fiction videotapes, and assorted other class 9 goods, S Industries filed several motions that were "without merit and merely serve to delay and increase the cost of this proceeding." The Board warned that any further motions "that the Board deems meritless or misrepresents [sic] Board case law may result in judgment against applicant." S Industries proceeded to file two more motions, which the Board found "wholly without merit."

    "A review of applicant's pattern of behavior in this litigation reveals a deliberate strategy of delay, evasion and harassment towards opposer, implied threats to the Commissioner, and now a direct violation of a Board order."

    "No sanctions other than entry of judgment in favor of opposer will effectively halt the reckless and dilatory conduct displayed by applicant in this case."

  • Bacou USA Safety, Inc. v. Central Mfg. Co., Cancellation No. 92032631 (July 24, 2003)[not citable]. Respondent Central filed a groundless Rule 11 motion, and then "compounded its wrong by filing a groundless motion for reconsideration." As a sanction, the Board issued an order prohibiting Central "from filing any further motions in this case whatsoever, including a motion for reconsideration of this order." Subsequently, Central filed a request for permission to file a motion, but the Board refused to grant permission. This proceeding, which involves a registration for the mark STEALTH for computer software, blank videotape, safety goggles, radios, and cameras, is still pending and is approaching the briefing stage.

Text and photo Copyright John L. Welch 2005.


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