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`ey/MW
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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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`August 18, 2022
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`Opposition No. 91273533
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`DC Comics
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`v.
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`Michael Webster, Managing Interlocutory Attorney:
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`Superbabies Limited
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`Proceedings are suspended pending disposition of Applicant’s contested motion,
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`filed July 21, 2022, for leave to withdraw without prejudice.1 Any paper filed during
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`the pendency of this motion which is not relevant thereto will be given no
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`consideration. See Trademark Rule 2.127(d). Applicant’s motion for leave to withdraw
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`without prejudice will be decided in due course.2
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`The parties also filed, on July 29, 2022, a combined stipulation to amend the
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`standard protective order and motion to reclassify Applicant’s motion for leave to
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`withdraw without prejudice. The parties’ stipulation proposes an amendment to the
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`standard protective order that would “require that all information that is or has been
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`1 Because the motion is potentially dispositive of the proceeding, the proceeding was
`automatically suspended as of the date of the motion. Applicant’s motion to suspend, filed
`July 21, 2022, and stipulation to extend the proceeding deadlines, filed August 8, 2022, are
`moot.
`2 The record has been updated to reflect Applicant’s change of correspondence address filed
`on May 6, 2022.
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`Opposition No. 91273533
`
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`disclosed during settlement communication –
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`including without limitation
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`information and correspondence that has been exchanged prior to or following the
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`commencement of this Board proceeding – is automatically considered Confidential
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`….”
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`Although the standard protective order may be modified by the parties upon
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`motion granted by the Board, the parties may not agree to redefine the Board’s
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`definition of what information constitutes “Confidential” and Confidential – For
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`Attorneys’ Eyes Only” information. See TRADEMARK TRIAL AND APPEAL BOARD
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`MANUAL OF PROCEDURE (TBMP) § 412.02(b) (2022). Because the parties’ stipulated
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`amendment broadens the Board’s definitions of “Confidential” and Confidential – For
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`Attorneys’ Eyes Only,” the proposed amendment cannot be accepted. The Board
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`notes, however, that the parties are not precluded from entering into an agreement
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`regarding the filing of information that was exchanged during settlement
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`negotiations prior to the Board proceeding and is truly confidential. Cf. TBMP
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`§ 412.03.
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`In view of the foregoing, the stipulation to amend the standard protective order is
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`denied. Nonetheless, to prevent any possible harm in the event Applicant’s motion
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`to withdraw without prejudice contains confidential information, Applicant’s motion
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`has been reclassified as a confidential document and shielded from public view as
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`requested. A public redacted version of Applicant’s motion was submitted as Exhibit
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`1 to the parties’ stipulation.
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`2
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`Opposition No. 91273533
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`The parties are advised, however, that they should refrain from excessive marking
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`of information as confidential and limit such designations to only information that is
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`truly confidential. The Board may disregard submissions improperly designated as
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`“confidential” and make it available for public view or require the party to resubmit
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`an over-redacted filing with only the truly confidential information redacted. See
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`TBMP § 412.01(c).
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`3
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