Quick update on Trademark Matter

by Bradley M. Kuhn on December 30, 2017

We've promised transparency, and we're committed to it even when the news is annoying for us. If this proceeding weren't such a waste of time and resources, I might even be fascinated by the twists and turns that are inherent in litigation and are often new to me as a non-lawyer.

The current primary issue is that SFLC has sought to amend their initial petition with the TTAB to add a claim on fraud. Their claim is that Software Freedom Conservancy shouldn't have been allowed to register our trademark because we were aware of the SFLC trademark registration. As Karen and I stated briefly before, these claims are baseless. We will respond to SFLC's request to amend their original Petition by the TTAB's deadline of January 11.Update on 2018-01-03: We officially responded to the SFLC's request to amend their original Petition.

In the meantime, the TTAB decided, due to a procedural issue, the summary judgment motion we filed is currently moot. The TTAB indicated that we can refile for summary judgment later, after our answer is updated. This, of course, can't happen until the matter of SFLC's Petition amendment is resolved.

Yes, it's confusing and procedural. Litigation is like this. We still find all of this a waste of time and resources. We'll stay focused on our essential work for software freedom through our regular, important work for Conservancy, until the next round of SFLC's attacks — but we still hope SFLC will simply do the right thing and withdraw the petition.

UPDATE: as of 2018-08-24, the Summary Judgement motion is refiled and pending before the TTAB.

Links to our previous blog posts on this matter: 1, 2, 3.

Tags: conservancy

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