Rcn Television, S.a. v. Rcn Telecom Services, Inc.

NOTE: This order is nonprecedential.

# United States Court of Appeals for the Federal Circuit

RCN TELEVISION, S.A.,
Appellant,

V.
RCN TELECOM SERVICES, INC.,
Appellee.

2011-1112
(Cancellation Nos. 92051509 and 92052167)

Appeal from the United States Patent and Trademark
Office, Trademark Trial and Appeal Board.

## ON MOTION

Before RADER, Chief Judge, NEWMAN and BRYSON, Circuit
Judges.

BRYSON, Circuit Judge.

## ORDER

RCN Telecom Services, LLC (RCN Telecom) moves to
dismiss RCN Television, S.A. (RCN Television)'s appeal
from the Trademark Trial and Appeal Board (TTAB) as

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premature and moves for sanctions. RCN Television
moves for an extension of time to file its opposition, and
opposes. RCN Telecom replies.

RCN Television appeals the TTAB's August 26, 2010
decision that, inter alia, dismissed claims to cancel
eighteen registered trademarks of RCN Telecom due to
allegations of fraud. The Board has not disposed of the
portion of RCN Television's petition for cancellation that
asserts fifteen of those trademarks should be canceled
pursuant to Section 2(d) of the Lanham Act.

RCN Telecom contends that the August 26, 2010
decision is not a final, appealable decision pursuant to
this court's decision in Copelands' Enter., Inc. v. CNV,
Inc., 887 F.2d 1065 (Fed. Cir. 1989) (en banc). We agree.
In Copelands, this court held that it would review
decisions of the TTAB only if the decision "put an end to
the litigation before the Board." 887 F.2d at 1068. Thus,
a party dissatisfied with a TTAB determination "must
await and raise all claims of error in a single appeal." Id.
Because RCN Television prematurely seeks to appeal
from a TTAB decision that does not put an end to the
litigation before the Board, we grant RCN Telecom's
motion. RCN Telecom may appeal these issues after the
Board rules on all claims.

Accordingly,

IT IS ORDERED THAT:

(1) RCN Television's motion for an extension of time
is granted.

(2) RCN Telecom's motion to dismiss is granted.

(3) RCN Telecom's motion for sanctions is denied.

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(4) Each side shall bear its own costs.

FOR THE COURT

APR 0 6 2011

/s/ Jan Horbaly

Date

Jan Horbaly Clerk

cc: Gary H. Fechter, Esq.
Kevin Mark Flannery, Esq.
$20

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
APR 0 6 2011

JAN HORBALY
CLERK