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Rolex Watch U.S.A., Inc. v. AFP Imaging Corp.

Citation: 468 F. App'x 996Docket: No. 2012-1260; Opposition No. 91188993

Court: Court of Appeals for the Federal Circuit; May 21, 2012; Federal Appellate Court

Narrative Opinion Summary

Rolex Watch U.S.A. has appealed a Trademark Trial and Appeals Board decision that dismissed its opposition to AFP Imaging Corporation's application to register the mark ROLL-X for x-ray tables. On March 19, 2012, Rolex withdrew its opposition, prompting the court to consider whether the appeal is now moot. The court orders Rolex to explain within 14 days why the appeal should not be dismissed as moot. Additionally, the briefing schedule related to the appeal is stayed.

Legal Issues Addressed

Judicial Procedure on Mootness

Application: The court requires the appellant to justify why an appeal should not be dismissed as moot, indicating procedural steps when a case's relevance is in question.

Reasoning: The court orders Rolex to explain within 14 days why the appeal should not be dismissed as moot.

Mootness Doctrine in Appeals

Application: The case evaluates whether an appeal should be dismissed as moot following the appellant's withdrawal of opposition to a trademark registration.

Reasoning: Rolex withdrew its opposition, prompting the court to consider whether the appeal is now moot.

Stay of Proceedings Pending Judicial Determination

Application: The court's decision to stay the briefing schedule highlights procedural adjustments pending determination of mootness.

Reasoning: Additionally, the briefing schedule related to the appeal is stayed.