Background
Nomad Goods, Inc. appealed from a proceeding before the Trademark Trial and Appeal Board, No. 91273170, involving appellee Nomad Grill LLC.
While the appeal was pending, Nomad Goods moved under Federal Rule of Appellate Procedure 42(b) to dismiss the appeal voluntarily. Nomad Grill opposed the motion.
The Court’s Holding
In a nonprecedential per curiam order, the Federal Circuit granted Nomad Goods’ motion for voluntary dismissal.
The court awarded costs to Nomad Grill. The order issued as the mandate on October 2, 2026.
Key Takeaways
- The Federal Circuit dismissed Nomad Goods’ appeal at the appellant’s request under Rule 42(b).
- Nomad Grill’s opposition did not prevent dismissal.
- The court taxed costs in favor of Nomad Grill.
Why It Matters
The order ends the Federal Circuit appeal without a ruling on the merits of the underlying trademark dispute. It also illustrates that voluntary dismissal may be granted over an appellee’s opposition while still requiring the appellant to bear appellate costs.