Reminder: "TTAB Comes to Boston" - April 9th at Boston University School of Law

Seats are still available for the TTAB's visit to Boston on the afternoon of April 9th. The Board will hear final arguments in Factory Five Racing, Inc. v. Carroll Shelby and Carroll Hall Shelby Trust, Opposition No. 91150346, as part of a program co-sponsored by the Boston Patent Law Association and Boston University Law School. The hearing will be held in the Stone Moot Court Room at the law school, at 765 Commonwealth Avenue, Boston, MA 02215.


The case involves Shelby's application to register the product configuration mark shown above, for automobiles. Factory Five alleges genericness, abandonment, fraud, failure to function as a mark, and collateral estoppel. Briefs and other pertinent papers may be found here at TTABVUE.


The hearing will be preceded by two presentations: Mark Robins of Nixon & Peabody (Boston) will review recent trademark decisions in the First Circuit, and Acting Chief Judge Gerard F. Rogers will discuss Accelerated Case Resolution (ACR) and TTAB procedural developments.

Following the hearing, yours truly will moderate a panel discussion regarding the Shelby case, the panel consisting of Amy Brosius of Fish & Richardson (Boston), Pamela Chestek of Red Hat, Inc. (Raleigh, NC), and Aaron Silverstein of Saunders & Silverstein (Amesbury). A reception will follow the panel discussion.

The program will run from 1:15 pm to 5:30 pm. Details may be found here. On-line registration is available at that BPLA link, or at the door beginning at 12:30.

The registration fee for BPLA members is $100. For non-members, $120. Students may attend fee of charge, provided they sign up in advance (through me).

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