No Relief for Applicant Where Counsel Failed to Defend Opposition

Fischer v. Anderson, [2007-1152](October 10, 2007)[SCHALL, Bryson, Moore] NON-PRECEDENTIAL The Federal Circuit affirmed the TTAB Order sustaining the opposition against Anderson's application, and denying her registration on the mark CHLOE VEVRIER.
BRIEF: Fischer filed a motion for judgment on the pleadings, to which Anderson failed to respond. Anderson then failed to respond to the TTAB Order to show cause why judgment should not be entered against her. The Board entered judgment against her. With new counsel, Fischer filed a motion for relief from the judgment, pursuant to FRCP 60, blaming prior counsel. The TTAB could not find excusable neglect, imputing Anderson's counsel's actions against her. The Federal Circuit agreed that Anderson was bound by the conduct of her prior counsel. The Federal Circuit also found that there was no showing of extraordinary circumstances prior to the entry of the judgment against Anderson.