The Board issued an Order yesterday vacating its HOUNDSTOOTH MAFIA decision, in compliance with the February 23, 2016 Order of the U.S. District Court for the Northern District of Alabama [TTABlogged here]. The Director of the USPTO specifically reserved the right to seek further review of the orders and opinions of the district court in this matter. The full Order issued by the Board is set out below. The Board of Trustees of The University of Alabama and Paul W. Bryant, Jr. v. William Pitts, Jr. and Christopher Blackburn, Opposition No. 91187103 (March 3, 2016) [not precedential].
Pursuant to the settlement of Opposers’ appeal, resulting in the consent judgment the parties agreed to and obtained approval of in Bd. of Trs. of the Univ. of Ala. v. Houndstooth Mafia Enters., LLC, No. 7:13-cv-1736-RDP (N. D. Ala.), and the district court’s February 23, 2016 order requiring the Board to vacate its July 23, 2013 opinion, that opinion is vacated. The application is remanded to the examining attorney to update the owner information to reflect the assignment of the application to the Board of Trustees of the University of Alabama (recorded at Reel/Frame 5285/0632) and allow the application to proceed to registration. Opposers’ pending motion pursuant to Rule 60(b) is dismissed as moot. The Director of the USPTO specifically reserves the right to seek further review of the orders and opinions of the district court in this matter.