TTAB decision in Nightlife case vacated by CAFC

The CFAC vacated the TTAB decison in the Nightlife case.

Of note:



An answer that fails to deny a portion of an
allegation is deemed admitted as to that portion


and


Hence, unlike Hewlett-Packard Co. v. Olympus Corp.,
where an admission that
the registrations “originally
issued” to the opposer was insufficient to establish
current title,
here Applicant admitted current ownership and
the active status of the pleaded registrations
.