El Burro, Inc. v. Knuckle Sandwich LLC
Opinion
trial_court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
EL BURRO, INC., Case No. 23-cv-03782-VC
Plaintiff,
ORDER DENYING MOTION TO
v. DISMISS
KNUCKLE SANDWICH LLC, Re: Dkt. No. 20 Defendant.
Knuckle Sandwich is wrong to argue that the failure to comply with the five-day deadline under 37 C.F.R. § 2.145(c)(3) for notifying the Trademark Trial and Appeal Board of the filing of a civil action leaves district courts without jurisdiction. Nothing in the statute governing the procedure for filing a civil action following a TTAB decision imposes a requirement to notify the TTAB. See 15 U.S.C. § 1071(b). The statute includes only the requirement that a party may bring a civil action “within such time after such decision, not less than sixty days, as the Director appoints or as provided in subsection (a).” Id. And Knuckle Sandwich does not dispute that El Burro complied with this statutory mandate by filing this case within the necessary time frame. The five-day TTAB notice provision is only found in 37 C.F.R. § 2.145(c)(3). That should be the end of any jurisdictional argument. See Bowles v. Russell, 551 U.S. 205, 212-13…