By Theresa Wang
The Board allows submission of representative samples of relevant articles obtained from Internet database searches. Alcatraz Media, Inc. v. Chesapeake Marine Tours, Inc. dba Watermark Cruises, 107 USPQ2d 1750 at *10 (TTAB 2013). However, these search results have been held to be of limited value because “due to their truncated nature . . . the search summary does not show the context in which the term or phrase is used on the listed web pages and may not include sufficient surrounding text to provide the necessary context for the use.” Id. (citing In re Bayer Aktiengesellschaft, 488 F. 3d 960, 82 USPQ 2d 1828, 1833 (Fed. Cir. 2007)). Practitioners should also note that these search results must be properly authenticated and cannot be submitted on their own under a notice of reliance. Id. (citing Calypso Technology, Inc. v. Calypso Capital Management, LP, 100 USPQ2d 1213, 1219 (TTAB 2011)).