Applicant filed a motion to compel certain electronically stored
information ("ESI") from Opposer. The TTAB
explained that neither the Federal Rules nor the Trademark Rules
dictate how extensive ESI discovery should be. Because the
parties had not reached agreement on the form of e-discovery
production before responding to each other's discovery
requests, the TTAB held that Applicant could not insist that
Opposer start its production over using the same methods used by
Applicant, namely, attorney-supervised ESI retrieval and
searching. Further, Opposer's failure to conduct this
specific type of e-discovery was not necessarily inadequate under
the circumstances of the case.
CASE SUMMARY
FACTS
Princeton Vanguard, LLC ("Applicant") owns a
Supplemental Register registration for the mark PRETZEL CRISPS, in
standard characters and with PRETZEL disclaimed, for...
Specific Questions relating to this article should be addressed directly to the author.
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