Bertini contended in the joint discovery letter that 'the only reasonable conclusion for Apple's eight-year delay in producing these documents is that it doesn't have them.'
Judge Yvonne Gonzalez Rogers stated that Bertini failed to 'adequately plead facts meeting his prima facie burden to show abandonment', indicating that the evidence favored Apple.
The U.S. Court of Appeals noted in April 2023 that while Apple could not claim absolute priority, the TTAB ultimately rejected Bertini's cancellation efforts.
Despite Bertini's arguments and attempts to register APPLE JAZZ, he faced ongoing challenges due to the likelihood of confusion with Apple's established trademark.
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