Friday, October 3, 2014

Further Update on Anchor Steam v. City Steam

As I previously blogged, the lawsuit filed by Anchor Steam against City Steam was recently settled. See: However, since the settlement agreement was not filed with the Court, it was unclear what the terms of settlement were. 

We now know what two of those terms were:
(i) City Steam agreed to withdraw its trademark application for CITY STEAM; and
(ii) Anchor Steam agreed to withdraw its Opposition to City Steam's application.

This information was revealed in a joint motion that the parties filed this week with the TTAB. See:

Interestingly, in the motion, the parties requested that the Board terminate the Opposition proceeding, but they did not specify whether the Opposition should be dismissed with or without prejudice, which leaves open the possibility for a future dispute. See TBMP 605.03(a) ("If the proceeding is to be dismissed, the stipulation should specify whether the dismissal is to be with prejudice or without prejudice. If no specification is made, the Board, in its action dismissing the proceeding, will simply state that the proceeding is being dismissed “in accordance with the agreement of the parties.” However, if the agreement itself also fails to indicate whether the dismissal is to be with or without prejudice, at some later time a dispute may arise between the parties as to whether they intended the dismissal to be with or without prejudice.")

1 comment:

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