`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`General Contact Number: 571-272-8500
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`Mailed: June 20, 2014
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`Opposition Nos. 91216885
` 91216886
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`Universal Protein Supplements Corporation
`dba Universal Nutrition
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`v.
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`Animalia Life, LLC
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`Veronica P. White, Paralegal Specialist:
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`The Board has reviewed the record in the two above-captioned opposition
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`proceedings. The Board notes initially that applicant has not yet filed its answer
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`in each proceeding.
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`When cases involving common questions of law or fact are pending
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`before the Board, the Board may order consolidation of the cases. See Fed. R.
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`Civ. P. 42(a); Regatta Sport Ltd. v. Telux-Pioneer Inc., 20 USPQ2d 1154
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`(TTAB 1991); and Estate of Biro v. Bic Corp., 18 USPQ2d 1382 (TTAB 1991).
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`In determining whether to consolidate proceedings, the Board will weigh the
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`savings in time, effort, and expense which may be gained from consolidation,
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`against any prejudice or inconvenience which may be caused thereby.
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`Consolidation is discretionary with the Board, and may be ordered
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`upon motion granted by the Board, or upon stipulation of the parties
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`approved by the Board, or upon the Board’s own initiative. See, e.g., Hilson
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`Opposition Nos. 91216885 and 91216886
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`Research Inc. v. Society for Human Resource Management, 27 USPQ2d 1423
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`(TTAB 1993); and Regatta Sport Ltd. v. Telux-Pioneer Inc., 20 USPQ2d 1154
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`(TTAB 1991).
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`Upon its own initiative, the Board has determined that, inasmuch as
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`they involve identical parties, similar marks, and common questions of law
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`and issues of fact, consolidation of these proceedings is appropriate.
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`Accordingly, the above-noted proceedings are hereby consolidated and may be
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`presented on the same record and briefs. See Hilson Research Inc. v. Society
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`for Human Resource Management, supra; and Helene Curtis Industries Inc. v.
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`Suave Shoe Corp., 13 USPQ2d 1618 (TTAB 1989).
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`The Board file will be maintained in Opposition No. 91216885 as the
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`“parent case.” From this point on, only a single copy of any motion and any
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`paper should be filed, and each such motion or paper should be filed in the
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`parent case only, but caption all consolidated proceeding numbers, listing the
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`parent case first. However, inasmuch as these proceedings are being
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`consolidated prior to joinder of the issues in each proceeding, applicant
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`should file a separate answer in each opposition before commencing the
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`practice of filing a single copy of all motions and papers in the parent case.1
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`Despite being consolidated, each proceeding retains its separate
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`character and requires entry of a separate judgment. The decision on the
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`consolidated cases shall take into account any differences in the issues raised
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` 2
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`Opposition Nos. 91216885 and 91216886
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`by the respective pleadings; a copy of the decision shall be placed in each
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`proceeding file.
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`Upon consolidation, the Board will reset dates for the consolidated
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`proceeding, usually by adopting the dates as set in the most recently
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`instituted of the cases being consolidated. Answer, discovery, conferencing,
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`disclosure and trial remain as set forth below:
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`Time to Answer
`Deadline for Discovery Conference
`Discovery Opens
`Initial Disclosures Due
`Expert Disclosures Due
`Discovery Closes
`Plaintiff's Pretrial Disclosures
`Plaintiff's 30-day Trial Period Ends
`Defendant's Pretrial Disclosures
`Defendant's 30-day Trial Period Ends
`Plaintiff's Rebuttal Disclosures
`Plaintiff's 15-day Rebuttal Period Ends
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`In each instance, a copy of the transcript of testimony together with
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`7/26/2014
`8/25/2014
`8/25/2014
`9/24/2014
`1/22/2015
`2/21/2015
`4/7/2015
`5/22/2015
`6/6/2015
`7/21/2015
`8/5/2015
`9/4/2015
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`copies of documentary exhibits, must be served on the adverse party within
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`thirty days after completion of the taking of testimony. Trademark Rule
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`2.125.
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`Briefs shall be filed in accordance with Trademark Rules 2.128(a) and
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`(b). An oral hearing will be set only upon request filed as provided by
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`Trademark Rule 2.129.
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`1 The parties should promptly inform the Board of any other Board proceedings or
`related cases within the meaning of Fed. R. Civ. P. 42, so that the Board can
`consider whether further consolidation is appropriate.
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` 3
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