ODOM’S TENNESSEE PRIDE SAUSAGE, INC. loses trademark appeal at CAFC

Odom's had a problem getting all its issues lined up before the TTAB:

The
board’s procedures allow it to deem the pleadings to have been amended to include
unpled issues under certain circumstances, but the language is permissive and does
not require the board to do so. Trademark Trial and Appeal Board Manual of
Procedures § 528.07(b) (“[T]he Board may deem the pleadings to have been amended,
by agreement of the parties, to allege the matter.” (emphasis added)).