`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
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`Mailed: June 13, 2005
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` Opposition No. 91121754
`Opposition No. 91151696
`Opposition No. 91160851
`Opposition No. 91160985
`Cancellation No. 92043538
`Cancellation No. 92043601
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`v.
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`AVON PRODUCTS, INC.
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`RHOADES, DEAN L.
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`Nancy L. Omelko, Interlocutory Attorney:
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`Opposition Nos. 91121754; 91151696; 91160851; and 911609851
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`This case now comes up on applicant’s motion, filed
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`April 13, 2005, to suspend this cancellation proceeding
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`pending the final determination of a civil action styled
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`Dean Rhoades and Dermanew, Inc. v. Avon Products, Inc. and
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`Does 1 through 10, inclusive, filed in the United States
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`District Court for the Central District of California,
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`Western District, Civil Case No. 05-02169R (MANx). The
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`parties have fully briefed the motion, and the Board has
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`considered respondent’s reply. See Trademark Rule 2.127(a).
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`Applicant’s motion for suspension of the Board
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`proceedings is granted as well taken. It is the policy of
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`the Board to suspend proceedings when the parties are
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`involved in a civil action which may be dispositive of or
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`have a bearing on the Board case.2 See Trademark Rule
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`2.117(a).
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`A review of the complaint in the civil case indicates
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`that a decision by the district court could be dispositive
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`of, or have a bearing on, the issues in this cancellation
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`proceeding.
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`Accordingly, proceedings are suspended pending final
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`disposition of the civil action noted above.
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`Within twenty days after the final determination of the
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`civil action, the interested party should notify the Board
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`so that this case may be called up for appropriate action.
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`During the suspension period, the Board should be notified
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`of any address changes for the parties or their attorneys.
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`Consolidation
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`It is the view of the Board that consolidation is
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`appropriate inasmuch as the parties are the same and the
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`proceedings involve common questions of fact. Accordingly,
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`Opposition Nos. 116,967 and 116,968 are hereby consolidated.
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`1 Opposer’s combined motion to compel and for discovery sanctions
`is deferred.
`2 Moreover, to the extent that a civil action in a Federal
`district court involves issues in common with those in a Board
`proceeding, the district court decision would be binding on the
`Board, whereas the Board decision is merely advisory to the
`district court. See American Bakeries Co. v. Pan-O-Gold Baking
`Co., 2 USPQ2d 1208 (D.C. Minn. 1986). Further, Board decisions
`are appealable to the district court. See Section 21 of the
`Trademark Act, and Goya Foods, Inc. v. Tropicana Products Inc.,
`846 F.2d 848, 6 USPQ2d 1950, at 1953 (2d Cir. 1988).
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`2
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`The consolidated cases may be presented on the same
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`record and briefs. See Helene Curtis Industries Inc. v.
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`Suave Shoe Corp., 13USPQ2d 1618 (TTAB 1989). As a general
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`rule, from this point on only a single copy of any paper or
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`motion should be filed herein; but that copy should bear all
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`proceeding numbers in its caption. An exception to the
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`general rule involves briefs on the case. See Trademark
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`Rule 2.128.
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`Proceedings herein are suspended.
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`3
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