IP Update

Summary Judgment at the TTAB: Is It Worth Pursuing?

September 17, 2007

Christopher P. Foley, an attorney in Finnegan's Trademark and Copyright Practice Group, considers in his article successful cases at the TTAB and difficulties faced by some litigants that may help summary judgment become a more useful tool.

Recent Trademark Trial and Appeal Board (TTAB or Board) cases suggest that the reluctance toward granting summary judgment has not changed. It raises the questions of who pursues summary judgment, what motions are successful, why they are successful, and whether there are frequent pitfalls faced by litigants seeking summary judgment. Foley writes, "While statistical analysis might suggest reluctance by the TTAB to grant summary judgment, the details of cases involving such motions indicate that litigants can do a much better job presenting the Board with sustainable motions. With closer attention given to the marks at issue and the rules of practice, the percentage of granted motions should increase. Therefore, summary judgment remains a viable strategic alternative, particularly for a litigant who is mindful of the rules and is careful to rely on facts not in dispute."

Read "Summary Judgment at the TTAB: Is It Worth Pursuing?"

Copyright © Finnegan, Henderson, Farabow, Garrett & Dunner, LLP. This article is for informational purposes, is not intended to constitute legal advice, and may be considered advertising under applicable state laws. This article is only the opinion of the authors and is not attributable to Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, or the firm's clients.