Benedict v. Super Bakery, Inc.

Ward E. Benedict appeals from a final decision of the Trademark Trial and Appeal Board (Board) in which the Board entered default judgment against Mr. Benedict for failure to comply with discovery orders. For the following reasons, we vacate and remand.

Super Bakery, Inc. (Super Bakery) filed a Petition for Cancellation of U.S. Registration No. 2,966,255, owned by Mr. Benedict, on July 25, 2007. Super Bakery served discovery requests on Mr. Benedict in January and February of 2008. Mr. Benedict did not respond to Super Bakery’s requests. Super Bakery filed a motion to compel, and the Board…