`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
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` Mailed: July 13, 2009
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` Opposition No. 91177200
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`Nautica Apparel, Inc.
`
`v.
`
`Nautical Angels Productions
`Ltd.
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`
`
`
`
`vw
`
`
`Robert H. Coggins,
`Interlocutory Attorney:
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`It is noted by the Board that opposer's time for filing a
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`
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`brief on the case has expired, and no brief has been filed.1
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`Trademark Rule 2.128(a)(3) provides that when a party in the
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`position of plaintiff fails to file a main brief, an order may
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`be issued allowing plaintiff time in which to show cause why
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`the Board should not treat such failure as a concession of the
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`case. The rule further provides that if plaintiff fails to
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`file a response to the order, or files a response indicating
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`that it has lost interest in the case, judgment may be entered
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`against plaintiff.
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`1 It is also noted that the time for taking testimony has expired
`but that neither party has taken testimony or offered any other
`evidence.
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`
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`Opposition No. 91177200
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`
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`In view of the above, opposer is allowed until thirty
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`days from the mailing date of this order to show cause why the
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`Board should not treat its failure to file a brief as a
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`concession of the case, failing which judgment dismissing the
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`notice of opposition with prejudice will be entered against
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`opposer.
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`
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`NEWS FROM THE TTAB:
`
`The USPTO published a notice of final rulemaking in the
`Federal Register on August 1, 2007, at 72 F.R. 42242. By
`this notice, various rules governing Trademark Trial and
`Appeal Board inter partes proceedings are amended. Certain
`amendments have an effective date of August 31, 2007, while
`most have an effective date of November 1, 2007. For
`further information, the parties are referred to a reprint
`of the final rule and a chart summarizing the affected
`rules, their changes, and effective dates, both viewable on
`the USPTO website via these web addresses:
`http://www.uspto.gov/web/offices/com/sol/notices/72fr42242.pdf
`http://www.uspto.gov/web/offices/com/sol/notices/72fr42242_FinalR
`uleChart.pdf
`
`By one rule change effective August 31, 2007, the Board's
`standard protective order is made applicable to all TTAB
`inter partes cases, whether already pending or commenced on
`or after that date. However, as explained in the final rule
`and chart, this change will not affect any case in which any
`protective order has already been approved or imposed by the
`Board. Further, as explained in the final rule, parties are
`free to agree to a substitute protective order or to
`supplement or amend the standard order even after August 31,
`2007, subject to Board approval. The standard protective
`order can be viewed using the following web address:
`http://www.uspto.gov/web/offices/dcom/ttab/tbmp/stndagmnt.htm
`
`
`
`2
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