Rhodes

I.

FACTUAL AND PROCEDURAL BACKGROUND

DermaNew is a cosmetics and skin care company that pat- ented and distributes, among other things, hand-held mic- rodermabrasion devices and related skin care products.1 DermaNew’s various products and slogans include “Der- maNew,” “KeraNew,” “GemaNew,” “DermaNew Institute,” “If It Is Not DermaNew, It Is Not Personal Microdermabra- sion,” and “DermaNew Palm Microdermabrasion System.” Plaintiff Dean Rhoades, who owns DermaNew and these products, has attempted to register these marks with the United States Patent and Trademark Office (“PTO”). Avon Products, Inc., (“Avon”), a well-known beauty product com- pany that distributes a skin-care product line called ANEW, challenged DermaNew’s registration applications in the TTAB. Avon contested five of DermaNew’s registration applications by filing opposition proceedings, and requested the cancellation of the registration of two more. See 37 C.F.R. §§ 2.61-2.209 (describing the rules of practice in trademark cases). At the time Plaintiffs commenced their federal court action, therefore, seven trademark proceedings were pending before the TTAB. Avon also initiated opposition or cancella- tion…