• Summary Judgment at the TTAB: Is It Worth Pursuing?
  • August 27, 2007 | Author: Christopher P. Foley
  • Law Firm: Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P. - Reston Office
  • The Trademark Trial and Appeal Board (TTAB or Board) routinely acknowledges in every case involving a motion for summary judgment that Rule 56(c) of the Federal Rules of Civil Procedure provides an appropriate method for disposing of cases with no genuine issues of material fact in dispute. Meeting this standard at the Board, however, has proved particularly difficult in recent years. Consideration of successful cases and pitfalls faced by some litigants may help summary judgment become a more useful tool.