TTAB Requires Cross-Examination By Oral Deposition in CAPTAIN CANNABIS Battle

In a precedential decision in a cancellation proceeding, the Trademark Trial and Appeal Board has ruled that Petitioner Laverne J. Andrusiek must cross-examine, by oral deposition, Respondent Cosmic Crusaders LLC’s witnesses who provided direct testimony via written declaration.  Laverne Andrusiek v. Cosmic Crusaders LLC   Andrusiek contends that he created a comic book character named “Captain Cannabis” in the 1970s, and operates a website identifying various books and other works related to that character since that time. Cosmic Crusaders appears to be associated with a cannabis activist under the moniker of “Captain Cannabis,” and related media, including a “Cosmic Crusaders” comic featuring a “Captain Cannabis” character. Cosmic Crusaders obtained the registration at issue for CAPTAIN CANNABIS , for comic books in Class 16, in 2015.   Andrusiek sought leave to cross-examine Cosmic Crusader’s witnesses by written questions, citing, as factual background, to the inconvenience and expense of conducting oral cross-examinations. Andrusiek was identified as being in Washington state, while Cosmic Crusader’s witnesses were identified as being in Tampa, Florida. Andrusiek cited 37 CFR 2.124(b)(3) as basis for the request:   A party desiring to take cross-examination, by written questions, of a witness who has provided testimony by affidavit or declaration… Read More »TTAB Requires Cross-Examination By Oral Deposition in CAPTAIN CANNABIS Battle