Home -> Law Blog Directory -> Intellectual Property Law Blogs -> The TTABlog

Intellectual Property Law

: The TTABlog

Precedential No. 45: TTAB Denies Petitioner's Motion to Amend, Grants Respondent's Motion for Judgment on the Pleadings

Media Online Inc. got the bum's rush when it petitioned to cancel a registration for the mark EL CLASIFICADO ONLINE for Internet advertising services. The Board denied its cross-motion to amend its petition to add two claims, and then granted Respondent's motion for judgment on the pleadings. Media Online Inc. v. El Clasificado, Inc., Cancellation No. 92047294 (September 29, 2008) [precedential].Petitioner's Cross-Motion to Amend: The Board first dealt with and denied Petitioner's cross-motion to amend its petition to add claims of descriptiveness and fraud. Rule 15(a), Fed. R. Civ. P., states that leave to amend pleadings should be "freely given when justice so requires," but if the amendment would be prejudicial to the other party, leave will be denied...continue to full post

Full post as published by The TTABlog on October 24, 2008 (boomark / email).