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Precedential No. 33: TTAB Explains Safer Rule for Internet Evidence

In this Section 2(d)/dilution opposition to registration of the marks BAD MOMS UNLIMITED and BAD MOMS BIBLE for audio books, printed matter, clothing, and charitable foundation services, Opposer STX Financing (producer of the film BAD MOMS) filed a motion to strike the exhibits listed in applicant's notice of reliance. STX achieved little from its all-out attack, but did give the Board the opportunity to clarify or explain several issues concerning the submission of internet evidence. STX Financing, LLC v. Stacey Michelle Terrazas, 2020 USPQ2d 10989 (TTAB 2020) [precedential] (Order by Mary Beth Myles, Interlocutory Attorney).Applicant?s notice of reliance contained the following items: (1) copies of third-party registrations and applications obtained from the TESS database; (2) selected pages from the file history of opposer STX?s pleaded pending applications obtained from the TSDR database; (3) screenshots of various websites; and (4) STX's s responses to applicant?s interrogatories...continue to full post

Full post as published by The TTABlog on September 02, 2020 (boomark / email).