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`UNITED STATES PATENT AND TRADEMARK OFFICE
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`General Contact Number: 571-272-8500
`General Email: TTABInfo@uspto.gov
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`November 23, 2018
`
`Opposition No. 91242671
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`Caterpillar, Inc.
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`v.
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`
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`Debra A. Vitus, Lead Trial Paralegal
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`Dunn-Edwards Corporation
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`Applicant’s consented motion, filed November 12, 2018, to further suspend this
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`proceeding for 30 days is granted.
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`Because the parties are negotiating for a possible settlement of this case,
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`proceedings herein are suspended until six months from the date of this action,
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`subject to the right of either party to request resumption at any time.1 See Trademark
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`Rule 2.117(c).
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`If, during the suspension period, either of the parties or their attorneys have a
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`change of address or email address, the Board should be so informed. See Trademark
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`Rule 2.18(b)(1).
`
`
`1 The parties should note that if proceedings are suspended for a lengthy period of time
`pursuant to the filing of several motions to suspend for settlement, the Board retains
`discretion to condition the approval of any future consented or stipulated motion to suspend
`on a party or the parties providing necessary information about the status of settlement talks,
`discovery activities, or trial activities, as may be appropriate. Trademark Rule 2.117(c).
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`Opposition No. 91242671
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`In the event that there is no word from either party concerning the progress of
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`their negotiations, upon conclusion of the suspension period, proceedings shall
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`resume without further notice or order from the Board, upon the schedule set
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`forth below.
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`Proceedings Resume: December 8, 2018
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`Opposer’s Motion to Strike
`Applicant’s Opposition to Opposer’s Motion to Strike Due
`Expert Disclosures Due
`Discovery Closes
`Plaintiff's Pretrial Disclosures Due
`Plaintiff's 30-day Trial Period Ends
`Defendant's Pretrial Disclosures Due
`Defendant's 30-day Trial Period Ends
`Plaintiff's Rebuttal Disclosures Due
`Plaintiff's 15-day Rebuttal Period Ends
`Plaintiff's Opening Brief Due
`Defendant's Brief Due
`Plaintiff's Reply Brief Due
`Request for Oral Hearing (optional) Due
`
`12/8/2018
`12/22/2018
`4/2/2019
`5/2/2019
`6/16/2019
`7/31/2019
`8/15/2019
`9/29/2019
`10/14/2019
`11/13/2019
`1/12/2020
`2/11/2020
`2/26/2020
`3/7/2020
`
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`Generally, the Federal Rules of Evidence apply to Board trials. Trial testimony is
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`taken and introduced out of the presence of the Board during the assigned testimony
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`periods. The parties may stipulate to a wide variety of matters, and many
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`requirements relevant to the trial phase of Board proceedings are set forth in
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`Trademark Rules 2.121 through 2.125. These include pretrial disclosures, matters in
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`evidence, the manner and timing of taking testimony, and the procedures for
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`submitting and serving testimony and other evidence, including affidavits,
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`declarations, deposition transcripts and stipulated evidence. Trial briefs shall be
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`submitted in accordance with Trademark Rules 2.128(a) and (b). Oral argument at
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`2
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`Opposition No. 91242671
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`final hearing will be scheduled only upon the timely submission of a separate notice
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`as allowed by Trademark Rule 2.129(a).
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`3
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