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Scott R. Smith v. Entrepreneur Media

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


December 26, 2012

SCOTT R. SMITH, PLAINTIFF,
v.
ENTREPRENEUR MEDIA, INC., DEFENDANT.

The opinion of the court was delivered by: Allison Claire United States Magistrate Judge

ORDER

In this action, pro se plaintiff Scott R. Smith is seeking review of two decisions issued in two unconsolidated cancellation proceedings by the Trademark Trial and Appeal Board ("TTAB") of the U.S. Patent and Trademark Office, pursuant to § 21(b) of the Lanham Act, 15 U.S.C. § 1071(b).*fn1

Under the Lanham Act, a party that loses before the TTAB may appeal the decision to the United States Court of Appeals for the Federal Circuit on the closed record of the TTAB proceeding. See 15 U.S.C. § 1071(a)(4). In the alternative, the party has the option of presenting additional evidence or raising additional claims in the United States District Court in any district where venue is proper. See id. § 1071(b)(1). Plaintiff here appeals from two TTAB decisions issued in two unconsolidated proceedings. The plain language of § 1701, however, suggests that a dissatisfied party in a TTAB proceeding may appeal to the federal court only one TTAB decision from a single proceeding. The court is aware of no authority that authorizes it to review these unconsolidated proceedings in one action.

Accordingly, IT IS HEREBY ORDERED that within 21 days of the date of this order, the parties shall file briefs not to exceed 5 pages addressing plaintiff's authority to challenge the TTAB's decisions in Cancellation No. 92053724 and Cancellation No. 92053982 in a single federal action.


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