Responses To Document Requests Can Be Fatal!

Law360, New York (August 26, 2011, 5:18 PM EDT) -- In a published decision believed to be the first in which the Trademark Trial and Appeal Board has squarely addressed the issue, the board held that written responses to requests for production of documents can be made of record by a notice of reliance and, furthermore, can constitute evidence sufficient to sustain an opposition.

The board so held even though documents submitted in response to requests for production cannot be made of record by a notice of reliance. Spirits International BV v. S.S. Taris Zeytin Ve...
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