The opinion
UNITED STATES PATENT AND TRADEMARK OFFICE
THIS OPINION IS A Trademark Trial and Appeal Board
PRECEDENT OF THE TTAB P.O. Box 1451
Alexandria, VA 22313-1451
Mailed: June 23, 2008
Opposition No. 91182083
Boston Red Sox Baseball Club
Limited Partnership
v.
Harry F. Chaveriat III
Cindy B. Greenbaum, Supervisory Interlocutory Attorney:
Immediately following the parties’ discovery and
settlement conference, opposer filed a consented “Notice of
Waiver of Initial Disclosures,” wherein the parties agreed
to “waive any requirement to make initial disclosures in
this proceeding.”
Trademark Rules 2.120(a)(2) and 2.120(a)(3), as
amended, allow parties to modify the discovery and trial
schedule, including the deadline for making initial
disclosures, if the parties file, and the Board approves, a
stipulation or motion to that effect.1 Parties must inform
the Board, by stipulation or motion, any time they agree to
1
Once an answer has been filed, the Board generally will not
approve a motion or stipulation to extend the deadline for a
settlement and discovery planning conference absent a sufficient
showing of good cause. Miscellaneous Changes to Trademark Trial
and Appeal Board Rules (Final Rule), 72 Fed. Reg. 42242, 42245
(August 1, 2007). The Board is unlikely to find good cause when
such a request is based on the parties’ desire to engage in
settlement discussions. Id.
modify their obligations under the rules governing
disclosures and discovery, as well as when they agree to
modify deadlines or schedules that involve disclosures,
discovery,2 trial or briefing. Such modifications are
subject to Board approval. See Fed. R. Civ. P. 29, and
Trademark Rule 2.116.
In the August 1, 2007 Notice of Final Rulemaking, 72
Fed. Reg. 42242, 42246, the Board specifically contemplated
that parties might agree to “forego disclosures and agree to
utilize only traditional discovery devices.” When the
parties file a stipulation, motion, or notice regarding
waiver of initial disclosures, the Board strongly prefers
the parties to include a description of the parties’
alternate plans for discovery, even if such plans merely
provide for use of traditional discovery devices such as
depositions, interrogatories, requests for production or
inspection, and requests for admission. As discussed in the
Notice of Final Rulemaking, this description need not be
extensive, although it should report any agreements to limit
use of these discovery devices, allow for participation in
depositions by telephone, and the like.
2
Written stipulations to extend the period for responding to
discovery requests need only be filed with the Board when the
extension may interfere with the orderly completion of discovery
or the opening of trial. See Fed. R. Civ. P. 29.
2
The Board’s preference notwithstanding, in this case,
in the absence of any statement from the parties other than
that they waive their reciprocal obligations to make initial
disclosures, the Board will presume the parties plan to
utilize traditional discovery devices, as permitted by the
Trademark Rules and Federal Rules of Civil Procedure.
In view thereof, the “Notice of Waiver of Initial
Disclosures” is approved.
Dates remain as previously set in the Board’s January
25, 2008 institution order.
3