Background
Dong Yongqiang appealed from a proceeding before the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board, identified as TTAB No. 92081730. Fox Factory, Inc. was the appellee.
During the Federal Circuit appeal, the parties agreed that the proceeding should be dismissed. The court’s brief, nonprecedential order does not describe the underlying trademark dispute or the reasons for the parties’ agreement.
The Court’s Holding
The Federal Circuit dismissed the proceeding under Federal Rule of Appellate Procedure 42(b), which governs voluntary dismissals. The dismissal was based on the parties’ agreement rather than a decision on the merits.
The court ordered each side to bear its own costs. The order was issued as the mandate on July 23, 2026, the same day it was entered.
Key Takeaways
- The appeal from the Trademark Trial and Appeal Board was dismissed by agreement of the parties.
- The Federal Circuit did not decide the merits of the underlying trademark dispute.
- Each party must bear its own costs, and the nonprecedential order took immediate effect as the mandate.
Why It Matters
The order ends the Federal Circuit proceeding without an appellate ruling on the TTAB matter. Because the dismissal was voluntary and the order is nonprecedential, it establishes no substantive rule of trademark law or appellate procedure.