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Expert Analysis

Limiting E-Discovery In TTAB Proceedings

Law360, New York (January 20, 2012, 12:15 PM EST) -- The U.S. Patent and Trademark Office's Trademark Trial and Appeal Board recently held that expansive discovery of electronically stored information will normally not be necessary in registration proceedings. Although the scope of discovery in TTAB cases is defined by Rule 26, Fed. R. Civ. P and is technically identical to the scope of discovery in civil actions, the TTAB held that, due to the narrower scope of issues to be determined, "the burden and expense of e-discovery will weigh heavily against requiring production in most [trademark opposition and cancelation proceedings]," Frito-Lay North America Inc. v. Princeton Vanguard LLC, 100 U.S.P.Q.2d 1904 (TTAB 2011)....

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