Thanks to an astute reader who just posted this last night:
A request for an extension of time was filed on consent in the SFSE cancellation proceedings, pending settlement discussions. If the whole discovery process can be avoided, it’ll be cheaper for everyone concerned: researching documents showing use of “stitch and bitch” (and variants), possibly interviewing people, preparing statements, examining each others’ witnesses, preparing arguments, and written (if not oral) submissions, all at one or more lawyer’s hourly rates.
I’d guess that the outcome of a settlement would involve keeping SFSE’s trademark on the register, although there are lots of possibilities: for example, SFSE could assign its trademark rights to Stoller and Stoller could license the mark back to SFSE; or SFSE could take over the SnB trademark applications and license the SnB mark to Stoller; or the parties could make some other arrangement that makes it easier for both the CAFE and the STITCH ‘N BITCH marks to coexist as registered marks. The deal may or may not expressly address the STITCH & BITCH application subsequently filed by SFSE (I’d expect it would be considered, since that application is currently stymied by Stoller’s earlier-filed applications).
No guarantees that there will be a settlement, of course. We’ll see.