TTAB Decisions and Developments
Jane Shay Wald
Irell & Manella LLP
If You Run Out Of Time And You Can’t Follow Up And Argue The Info You Wanted Was Meta If The Board Disagrees And You Can’t Swallow Up The New Inquiry Into The Old, It’s No Betta
The Board denied an Opposer’s motion to compel production of "metadata," finding that because Opposer had not requested the metadata information in its production requests, the Applicant did not need to provide it. Here, Opposer filed a notice of opposition to Applicant’s intent-to-use application to register the mark LIFE IS BETTER AT THE RACE TRACK for clothing and accessories in classes 14, 18 and 25, alleging priority and likelihood of confusion.