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Speak Now Or Forever Hold Your Claims

Client Alert | 1 min read | 02.28.19

The ASBCA in the reconsideration of Parsons Evergreene LLC, ASBCA No. 58634, stated that “the failure to argue alternative theories has consequences” and that it is not “the Board’s obligation to search the record for evidence of quantum to meet PE’s burden of proof.” In the entitlement and quantum decision on the Triarch issue, the Board held that while PE was entitled to recover the cost of applying Sherwin Williams paint, it could not determine the amount owed. In reconsideration, PE pointed the Board to documents in the record that would support a quantum calculation. The Board denied PE’s request stating that it would not grant reconsideration resulting from a new argument based on evidence in the record but not presented in PE’s post-hearing brief. Similarly, the Board denied PE’s request to reconsider its REA preparation claim because PE failed to present an argument or direct the Board to any evidence to support its claim that the REA preparation costs were incurred in furtherance of negotiations. 

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Client Alert | 4 min read | 12.30.25

Are All Baby Products Related? TTAB Says “No”

The United States Trademark Trial and Appeal Board (TTAB or Board) recently issued a refreshed opinion in the trademark dispute Naterra International, Inc. v. Samah Bensalem, where Naterra International, Inc. petitioned the TTAB to cancel Samah Bensalem’s registration for the mark BABIES' MAGIC TEA based on its own BABY MAGIC mark. On remand from the U.S. Court of Appeals for the Federal Circuit, the TTAB reconsidered an expert’s opinion about relatedness of goods based on the concept of “umbrella branding” and found that the goods are unrelated and therefore again denied the petition for cancellation....