Opposer, Trans-High Corporation filed a Notice of Opposition against Applicant, JFC Tobacco Corp., owner of the mark HIGH HEMP for cigar wraps made from hemp, cigarette papers made from hemp, Tobacco, Flavored tobacco, hookah tobacco and leaf tobacco. Opposer has used the mark HIGH TIMES for its magazine covering marijuana and hemp related topics. Applicant, JFC Tobacco Corp. is represented by The Law Firm of Andrea Hence Evans, LLC.
Discovery was set to close on January 22, 2018. Opposer served discovery on December 22, 2018. Applicant filed its discovery requests on January 10, 2018, where responses would be due on February 9, 2018, after the close of discovery. Opposer noted that the requests were untimely since responses would be due after the close of the discovery. Applicant sought an extension of time from Opposer but received no response from opposing counsel. Applicant filed a Motion To Extend The Deadline to Close of Discovery and Extend Deadline for Applicant to Respond to Discovery, noting that Applicant had delays due to the hurricane in Puerto Rico and that it was difficult to reach Applicant during the Winter holidays.
The TTAB noted that the appropriate standard for allowing an extension of a specified time prior to the expiration of that period is “good cause” and not “excusable neglect.” Opposer argued in its motion that the standard should be excusable neglect and not good cause.
The TTAB GRANTED Applicant’s motion since Applicant demonstrated the requisite good cause to warrant the extension of time to respond and to extend discovery.
THIS ORDER IS A PRECEDENT OF THE TTAB. CLICK HERE TO READ THE FULL ORDER.
JFC Tobacco Corp. is represented by THE LAW FIRM OF ANDREA HENCE EVANS, LLC.