Overview
Joanne Ludovici said the Trademark Trial and Appeal Board (TTAB) “is on the right side” of a dispute with an Alabama federal judge who ordered the TTAB to erase one of its opinions as part of a private litigation settlement. “If private parties can agree to settle litigation on terms that include a court order to vacate a TTAB precedential decision [with] no reference to the TTAB record and no reference to TTAB error, then precedential decisions will have little or no measure of certainty attached to them,” Ms. Ludovici warned.