Shammas v. Focarino

MEMORANDUM OPINION

T.S. ELLIS, III, District Judge.

At issue post-judgment in this 15 U.S.C. § 1071(b) action seeking review of a decision from the Patent and Trademark Office’s (“PTO”) Trademark Trial and Appeal Board (“TTAB”) are the following two questions:(1) whether the requirement in 15 U.S.C. § 1071(b)(3) that plaintiff must pay the PTO “all expenses of the proceeding” includes the salaries of the PTO attorneys and paralegals who worked on the case; and(2) whether the PTO’s claim for $11,436.15 for the effort expended by the PTO’s counsel in moving to strike supplemental new evidence…