Wednesday, June 14, 2023

TTAB Issues a "Final Pretrial Conference Assignment Order" in Red Bull Opposition

As discussed in a March TTABlog post [here], the TTAB has implemented a pilot program for holding a Final Pretrial Conference in selected cases. The Board will focus on cases with large or unwieldy records, "overly contentious" proceedings, and cases in which the parties or counsel are unfamiliar with TTAB practice. The parties will be required to file a detailed Final Joint Pretrial Order setting forth the issues, witnesses, exhibits, objections, etc., etc.

The goal of the program is to better manage and streamline opposition and cancellation proceedings that proceed to trial, in order to save time and resources of parties and the TTAB, and to foster the effective and efficient presentation of evidence.

As an example of a Pretrial Conference Order, see the "Final Pretrial Conference Assignment Order" [pdf here] in Opposition No. 91264945 (Red Bull GmbH v. Lenzke), a seemingly run-of-the-mill case involving several design marks, with no particular complications, and an individual defendant.

Nonetheless, the Order is nineteen pages long, including a template for the detailed Final Pretrial Order that will be the product of the conference.

As I previously stated, I am not looking forward to this program. The only time it might be helpful would be in a really complicated case (rare). Mostly, it will drive up costs and benefit the party with deep pockets.

Read comments and post your comment here.

Text Copyright John L. Welch 2023.


At 2:05 PM, Blogger CalReader said...

TTABVUE shows quite a bit of motion practice for this matter, which is a basis for referral to the Pilot.


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