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Precedential No. 3: NFL Thrown for a Loss as TTAB Denies Request to Extend Discovery

By John L. Welch

Some people think the NFL is overly aggressive in enforcing its trademark rights. Will its institution of this case bolster that impression? The NFL is opposing (on 2(a), 2(d), and dilution grounds) the mark shown below left, for motorcycle fender side cover panels, based upon the League's ownership of the mark shown on the right, for football services, clothing, and various other goods. As the discovery clock wound down in this proceeding, the NFL sought to extend the discovery period, but the Board denied the motion because the NFL's predicament was its own darn fault. National Football League v. DNH Management, LLC, Opposition No. 91176569 (January 29, 2008) [precedential].Although a party is supposed to show "good cause" for extending the discovery period, the Board is usually liberal in granting an extension "so long as the moving party has not been guilty of negligence or bad faith and the privilege of extensions is not abused...continue to full post

Full post as published by The TTABlog on February 07, 2008 (boomark / email).