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Precedential No. 21: TTAB Rules That Sur-Sur-Rebuttal Expert Reports Are Never Permitted

The TTABlog

Monster Energy Company v. However, MEC then sought leave to serve the sur-rebuttal report, which the Board granted, relying on NewEgg Inc. NewEgg , 118 USPQ2d at 1244. 7 (TTAB 2019); Carrini, Inc. The Board granted MEC leave to serve its sur-rebuttal repor, but limited it to a critique of Coulter's report.

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TTAB Prohibits Sur-Sur-Rebuttals in Trademark Proceedings

LexBlog IP

In a recent precedential opinion in Monster Energy Company v. Monster Energy has opposed several applications by Coulter Ventures—a fitness equipment company—for several MONSTER-formative marks. In rendering its decision, the Board referenced Newegg Inc. Coulter Ventures, LLC , Oppositions Nos.