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The Board allows submission of representative samples of relevant articles obtained from Internet database searches.
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Discovery depositions are usually inadmissible as evidence at trial, with four significant exceptions.
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Although Internet evidence may be submitted as evidence in a TTAB proceeding, practitioners should be wary of what the Internet evidence actually proves.
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Responses to interrogatories, responses to requests for admission, or the failure to respond to such requests to admit may all be made of record in a TTAB proceeding by a Notice of Reliance.
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The only documents that can be placed in evidence in a TTAB action by simply listing them in, and attaching them to, the initial pleadings are a party's registrations.
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