Respondent failed to timely respond to Petitioner's
discovery requests on multiple occasions, including in violation of
two TTAB orders. Instead of responding to discovery after the
second TTAB order to do so, Respondent filed a summary judgment
motion. Petitioner filed a motion for default judgment as a
discovery sanction. The TTAB granted Petitioner's motion
and denied Respondent's motion for summary judgment as
moot. Respondent appealed on the ground that the proceeding
should have been automatically suspended upon the filing of his
summary judgment motion, and the Federal Circuit vacated the
default judgment and remanded the case to the TTAB for a
determination of whether the proceeding should have automatically
been suspended under the Trademark Rules. The TTAB held that
suspension was not automatic and was inappropriate under the
circumstances, and reentered judgment against Respondent.
Respondent again...
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