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  • Despite being consolidated, each proceeding retains its separate character.
    • M.C.I. Foods, Inc. v. Brady Bunte, Cancellation No. 92045959 & 92046056, (TTAB 2008)
      • Despite being consolidated, each proceeding retains its separate character. The decision on the consolidated cases shall take into account any differences in the issues raised by the respective pleadings; a copy of the decision shall be placed in each proceeding file.
    • Dating DNA, LLC v. Imagini Holdings, Ltd., Opposition No. 91185884 and 91191912 (TTAB 2010)
      • Despite being consolidated, each proceeding retains its separate character. The decision on the consolidated cases shall take into account any differences in the issues raised by the respective pleadings; a copy of the decision shall be placed in each proceeding file.
  • In consolidated cases, the TTAB will designate one of the cases as the "Parent" case.
    • M.C.I. Foods, Inc. v. Brady Bunte, Cancellation No. 92045959 & 92046056, (TTAB 2008)
      • The Board file will be maintained in Cancellation No. 92045959 as the "parent" case.
    • Dating DNA, LLC v. Imagini Holdings, Ltd., Opposition No. 91185884 and 91191912 (TTAB 2010)
      • The Board file will be maintained in Opposition No. 91185884 as the "parent" case. As a general rule, from this point on only a single copy of any paper or motion should be filed in Opposition No. 91185884; but that copy should bear both proceeding numbers in its caption.
  • Consolidated cases may be tried and presented on the same record and briefs.
    • M.C.I. Foods, Inc. v. Brady Bunte, Cancellation No. 92045959 & 92046056, (TTAB 2008)
      • The consolidated cases may be tried and presented on the same record and briefs. See Helene Curtis Indus. Inc. v. Suave Shoe Corp., 13 USPQ2d 1618 (TTAB 1989); Hilson Research Inc. v. Soc'y for Human Res. Mgmt., 27 USPQ2d 1423 (TTAB 1993).
    • Dating DNA, LLC v. Imagini Holdings, Ltd., Opposition No. 91185884 and 91191912 (TTAB 2010)
      • The consolidated cases may be presented on the same record and briefs. See Helene Curtis Industries Inc. v. Suave Shoe Corp., 13 USPQ2d 1618 (TTAB 1989) and Hilson Research Inc. v. Society for Human Resource Management, 27 USPQ2d 1423 (TTAB 1993).
  • When cases involve common questions of law or fact, the TTAB may order consolidation of the cases.
    • M.C.I. Foods, Inc. v. Brady Bunte, Cancellation No. 92045959 & 92046056, (TTAB 2008)
      • These proceedings involve identical parties, an identical registration and related issues. When cases involving common questions of law or fact are pending before the Board, the Board may order consolidation of the cases. See Fed. R. Civ. P. 42(a); see also, Regatta Sport Ltd. v. Telux-Pioneer Inc., 20 USPQ2d 1154 (TTAB 1991).
    • Dating DNA, LLC v. Imagini Holdings, Ltd., Opposition No. 91185884 and 91191912 (TTAB 2010)
      • In fact, each proceeding involves identical parties, similar marks and related or identical issues. When cases involving common questions of law or fact are pending before the Board, the Board may order the consolidation of the cases. See Fed. R. Civ. P. 42(a); see also, Regatta Sport Ltd. v. Telux-Pioneer Inc., 20 USPQ2d 1154 (TTAB 1991).
  • After consolidation a single copy of any paper or motion should be filed bearing both proceeding numbers in its caption.
    • M.C.I. Foods, Inc. v. Brady Bunte, Cancellation No. 92045959 & 92046056, (TTAB 2008)
      • From this point on only a single copy of any paper or motion should be filed herein; but that copy should bear both proceeding numbers in its caption.
  • The consolidated cases shall be scheduled in the same manner as a single case.
    • M.C.I. Foods, Inc. v. Brady Bunte, Cancellation No. 92045959 & 92046056, (TTAB 2008)
      • The consolidated cases shall be scheduled in the same manner as a single case with a counterclaim by Bunte.
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