HABANOS SKIPS MOTION TO COMPEL, ASK FOR JUDGMENT

As many of you know, I have zero love for Corporacion Habanos, S.A. (“Habanos”).  Below you will find a new filing by Habanos that defies logic.  Rather than file a motion to compel discovery respoonses, Habanos is relying upon a procedural rule that is rarely used.  Basically, Habanos is requesting that the Trademark Trial and Appeal Board (“TTAB”) simply grant judgment (as a sanction) in Habanos’ favor because the Respondent, Alex Goldman, refuses to produce any discovery at this stage.  While responding to discovery requests is mandatory, it is not normal practice to simply request judgment for someone’s failure to respond to discovery.  Habanos’ apparently finds that it has nothing to lose to ask for such draconian relief as judgment.  Habanos knows very well that these types of cases take years (GUANTANAMERA nearly 10 years, HAVANA SUNRISE nearly 2 years, etc…) and therefore figured they try this route.

Mind you, Habanos has still not produced any discovery to me (in the HAVANA SUNRISE case) that has been outstanding for over a year).  But that’s another story.

View this document on Scribd