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Precedential No. 43: Absent TTAB Order, No Sanction for Failure to Provide Initial Disclosures

The TTAB denied Applicant's motion for sanctions for Opposer's failure to make initial disclosures. The Board ruled that the proper course was for Applicant to file a motion to compel and then, if Opposer did not comply with a resulting Board Order, to seek sanctions. Kairos Institute of Sound Healing, LLC v. Doolittle Gardens, LLC, Opposition No. 91181945 (October 17, 2008) [precedential].Rule 2.120(a)(2) requires that initial disclosures be made on or before thirty days after discovery opens. Here, Opposer Kairos Institute failed to provide initial disclosure by the appointed date, and Applicant Doolittle filed a motion for sanctions (including dismissal of the opposition). [Three days later, Opposer served its initial disclosures.]Doolittle claimed that dismissal was an appropriate sanction under Ruled 2...continue to full post

Full post as published by The TTABlog on October 21, 2008 (boomark / email).