Ballet Tech Foundation, Inc.v.The Joyce Theater Foundation, Inc.

Trademark Trial and Appeal Board

Nov 14, 2013

No. 91180789 (T.T.A.B. Nov. 14, 2013)

CME Mailed: November 14, 2013

Opposition No. 91180789
Cancellation No. 92042019

Ballet Tech Foundation, Inc.

v.

The Joyce Theater Foundation, Inc.

Before Bucher, Taylor and Bergsman,
Administrative Trademark Judges.

By the Board:

This case now comes up on the parties’ joint motion, filed September 20,
2013, for relief from final judgment pursuant to Fed. R. Civ. P. 60(b)(5) and
(6).
By way of background, the Board issued a final judgment in these
consolidated proceedings on December 11, 2008, sustaining the opposition
and granting the petition for cancellation (the “Final Judgment”). On
February 10, 2009, applicant/respondent appealed the Final Judgment to the
United States District Court for the Southern District of New York (Joyce
Theater Foundation, Inc. v. Ballet Tech Foundation, Inc., Civil Action No. 09-
CV-1225 (RWS)) (the “Appeal”). During the pendency of the Appeal, the
UNITED STATES PATENT AND TRADEMARK OFFICE
Trademark Trial and Appeal Board
P.O. Box 1451
Alexandria, VA 22313-1451

THIS OPINION
IS NOT A PRECEDENT
OF THE TTAB

Opposition No. 91180789 and Cancellation No. 92042019

2
parties reached a settlement of their dispute whereby applicant/respondent
acquired opposer’s rights in the involved marks. Pursuant to their settlement
agreement, on or around June 24, 2013, the parties filed a Stipulation of
Dismissal of the Appeal, and on June 24, 2013, the District Court dismissed
the Appeal with prejudice. The parties subsequently filed the instant motion
seeking relief from the Final Judgment.
In view of the foregoing, the parties’ consented motion is hereby
GRANTED and the Final Judgment is hereby vacated as moot by virtue of
the parties’ settlement reached during the pendency of the Appeal. See U.S.
Bancorp Mortgage Company v. Bonner Mall Partnership, 513 U.S. 18, 29
(1994).
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