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Precedential No. 8: Applying Claim Preclusion, TTAB Dismisses Two of Three "DVD & Design" Cancellation Petitions

Respondent DVD FLLC moved for summary judgment on the ground of res judicata (claim preclusion) in these three consolidated cancellation proceedings involving registrations for the mark DVD & Design shown below [DVD disclaimed] for optical disks, readers, and related devices. Respondent contended that Petitioner Zoba?s fraud and abandonment claims were virtually identical to counterclaims that were previously dismissed with prejudice by stipulation and order in a prior civil action between the parties. The Board granted the motion as to two of the three proceedings. Zoba International Corp. v. DVD Format/LOGO Licensing Corporation, Cancellations Nos. 92051714, 92051790, and 92051821 (March 10, 2011) [precedential].The Board observed that "[a] subsequent claim will be barred by claim preclusion if: '(1) there is identity of parties (or their privies); (2) there has been an earlier final judgment on the merits of a claim; and (3) the second claim is based on the same set of transactional facts as the first...continue to full post

Full post as published by The TTABlog on March 21, 2011 (boomark / email).