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Trademark Trial and Appeal Board - Selected Interlocutory Decisions. (Note: "_USPQ2d_(TTAB_)" in heading indicates decision has been initially recommended for publication in full in a printed volume. In decisions signed by three members, name in [ ] indicates primary drafter.) After this issue has circulated, remove the staples and file the pages containing abstracts with "I" numbers (PART II) behind the INTERLOCUTORY tab and after the pages from the previous issue of this volume.
(I-14) Servi-Tek, Inc. v. Jimmy's Contractor Services, Inc., Canc. No. 92071703, not precedential. Petitioner's fraud claim stricken, respondent's motion for summary judgment on abandonment granted, respondent's motion to suspend briefing denied, proceeding remains suspended pending determination of petitioner's cross-motion for summary judgment on its likelihood of confusion claim, September 22, 2021. Thurmon, Deputy Chief Administrative Trademark Judge, and Heasley and English, Administrative Trademark Judges [Bukrinsky] (18 pages).
(I-15) Intercontinental Exchange Holdings, Inc. v. New York Mercantile Exchange, Inc., Opp. No. 91235909 and Chicago Mercantile Exchange, Inc. v. Intercontinental Exchange Holdings, Inc., Opp. No. 91254514, 2021 USPQ2d 988 (TTAB 2021), precedential. Opposers' motion to modify Board's Standard Protective Order (SPO) denied and the European Union (EU) General Data Protection Regulation (GDPR) does not apply in these consolidated Board proceedings, September 27, 2021. M. Catherine Faint, Interlocutory Attorney (21 pages).
[Background: These consolidated proceedings come before the Board for consideration of Chicago Mercantile Exchange Inc. and New York Mercantile Exchange, Inc.'s (collectively, CME) to 1. amend the Board's standard protective order (SPO) to allow in-house counsel access to information and materials designated by Intercontinental Exchange Holdings, Inc. (ICE) as "Confidential - Attorney's Eyes Only" (trade secret/ commercially sensitive) (AEO); and 2. find that the European Union (EU) General Data Protection Regulation (GDPR) does not apply in these consolidated Board proceedings.]
The Board's SPO is automatically imposed in all inter partes proceedings. See Trademark Rule 2.116(g), 37 C.F.R. 2.116(g). Under the terms of the SPO, only outside counsel have access to confidential material and information that is designated as AEO. See Trademark Trial and Appeal Board Manual of Procedure (TBMP) 412.01 (2021). Information such as "sensitive business information, including highly sensitive financial or marketing information," and "competitive business information, including non-public financial and marketing analyses and strategic product/service expansion plans" may be designated as...