`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`General Contact Number: 571-272-8500
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`Mailed: April 23, 2014
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`Opposition No. 91214205
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`Crambo, S.A.
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`v.
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`Baxley
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`Andrew P. Baxley, Interlocutory Attorney:
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`Panasonic Corporation
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`On April 8, 2014, opposer/counterclaim defendant Crambo, S.A.
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`
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`(“Crambo”) filed a motion to extend by thirty days its time to serve responses
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`to discovery requests that applicant/counterclaim plaintiff Panasonic
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`Corporation (“Panasonic”) served by mail on March 24, 2014. In scheduling a
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`telephone conference in connection with this motion on April 21, 2014,
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`Panasonic’s attorney indicated that Panasonic would not oppose the
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`extension sought, so long as Crambo consented to a similar extension of
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`Panasonic’s time to serve responses to Crambo’s discovery requests.
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`Accordingly, Crambo’s motion to extend is granted. Crambo is allowed
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`until May 28, 2014 to serve responses to Panasonic’s discovery requests.1
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`1 An extension of time to serve discovery responses does not
`result in the automatic resetting of discovery and/or testimony
`periods in Board inter partes proceedings. See Trademark Rule
`2.120(a)(3). Accordingly, parties generally agree to extensions
`of time to serve discovery responses among themselves without
`filing motions with the Board. When motions to extend time to
`serve discovery responses are filed in Board inter partes
`proceedings, the Board tends to be somewhat liberal in granting
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`
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`Opposition No. 91214205
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`Dates otherwise remain as last reset in the Board’s February 21, 2014
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`order.
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`such extensions in the hope that the extensions will lead to more
`thoroughly prepared discovery responses and will minimize the
`need for motions to compel.
` Panasonic indicated by telephone that, because it served
`discovery first, it wants to receive responses first. However, a
`party which is the first to serve discovery requests does not
`thereby gain an absolute right to receive a response to its
`request before it must respond to its adversary's subsequently
`served request for discovery. Each party is under an obligation
`to respond to an adversary's request for discovery during the
`time allowed therefor under the applicable rules, irrespective of
`the sequence of requests for discovery, or of an adversary's
`failure to respond to a pending request for discovery. Miss
`America Pageant v. Petite Productions, Inc., 17 USPQ2d 1067, 1070
`(TTAB 1990); Giant Food, Inc. v. Standard Terry Mills, Inc., 231
`USPQ 626, 632 (TTAB 1986). Because the ability and/or
`willingness of an adverse party to respond to discovery can vary,
`there is no guarantee that the first party to serve discovery
`will be the first party to receive responses. TBMP Section
`403.03.
` Having said that, the Board expects parties to cooperate in the
`discovery process and looks with disfavor upon those who do not.
`See TBMP Section 408.01.
`
`
` 2
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