Monday, November 24, 2008

Precedential No. 50: TTAB Grants Motion to Compel Proper Initial Disclosures

In another annoying but precedential procedural ruling, the Board granted Petitioner Influance, Inc.'s motion to compel, finding Respondent Elaina Zuker's initial disclosures to be inadequate under FRCP 26(a)(1)(A)(i). Influance, Inc. v. Elaina Zuker, 88 USPQ2d 1859 (TTAB 2008) [precedential].

Respondent Zuker listed witnesses and documents (here), but did not state the address or telephone number of the witnesses or the subject matter about which each has information. As to the listed documents, Zuker did not provide their location (nor, alternatively, did she produce copies of the documents).

Moreover, as to form, Respondent's disclosures were unsigned (in violation of FRCP 26(g)), and did not bear the case number or the caption.

Respondent was ordered to provide adequate initial disclosures, in proper form, within thirty days of the Order.

Text Copyright John L. Welch.


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