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Precedential No. 41: Parties File Cross-Motions for Summary Judgment, then Opt for TTAB's ACR Procedure to Resolve Cancellation

The parties to this cancellation proceeding opted for Alternative Case Resolution (ACR) to resolve the one issue in dispute: priority of use. They had filed cross-motions for summary judgment and then entered into a stipulation (here) that permitted the Board to resolve the proceeding based on the parties? summary judgment submissions, resolving any genuine issue of material fact without trial. Weatherford/Lamb, Inc. v. C&J Energy Services, Inc., Cancellation No. 92050101 (October 28, 2010) [precedential].Petitioner Weatherford sought cancellation of a registration for the mark FRAC-SURE for "oil and gas well treatment services; oil and gas well fracturing services," claiming likelihood of confusion with its allegedly earlier-used mark FRACSURE for oil well fracturing and oil and gas treatment services...continue to full post

Full post as published by The TTABlog on November 05, 2010 (boomark / email).