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Motion to Strike Bogus Affirmative Defenses: Worth the Effort?

When I receive an answer to a notice of opposition or a petition for cancellation that contains boilerplate "affirmative defenses," I usually don't bother to move to strike because it's not worth the time and expense. Once in a while I do make a motion, depending on how ornery I feel at the time. Here's a case that I noticed yesterday via TTAB Across the Board, in which the Opposer brought such a motion. Castro v. Cartwright, Opposition No. 91188477 (September 5, 2009) [not precedential].Applicant Rick Cartwright asserted six "affirmative defenses": (1) failure to state a claim upon which relief can be granted; (2) waiver; (3) estoppel; (4) abandonment; (5) failure to police and enforce; and (6) no trademark use by Opposer. Carlos A. Castro moved to strike all six defenses, and the Board agreed as to four of them...continue to full post

Full post as published by The TTABlog on September 08, 2009 (boomark / email).