Smartling asserted that Skawa 2019s 201cEASYLING 201d mark infringed its 201cSMARTLING 201d mark and sought to cancel the mark pursuant to 15 U.S.C. 00a7 1115. In June, however, the jury found for Skawa on all counts. Undeterred, Smartling moved the TTAB to reopen its petition to cancel Skawa 2019s mark on the same grounds, leading Skawa to ask the Court to order dismissal of Smartling 2019s petition. Judge Burroughs denied Skawa 2019s motion, finding that while 00a7 1115 gives the court the power to order the TTAB to cancel a mark or register a mark, it does not empower the court to order the TTAB to dismiss a cancellation proceeding. She further noted that Skawa can (and has) asserted res judicata before the TTAB, who can reach their own conclusion.
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