CAFC Hears Oral Argument in ANNAPOLIS TOURS Cancellation Appeal
On Friday, May 9th, the CAFC heard oral argument [mp3 here] in Chesapeake Marine Tours, Inc. v. Alcatraz Media, Inc., Appeal No. 14-1031. The Board ordered cancellation of a registration for the mark ANNAPOLIS TOURS for "conducting guided tours of historic districts and other areas of cities" on the ground of mere descriptiveness. [TTABlogged here]. [Affirmed Per Curiam Under Rule 36: May 13, 2014].
The Board ruled that by showing the mark to be "highly descriptive," petitioner Alcatraz overcame the presumption arising from registration under Section 2(f) and therefore the burden shifted to respondent to "defend its registration." The appellate court, in its questioning, focused on the Board's lack of explanation of its "highly descriptive" finding and on its apparent failure to consider much of Chesapeake's evidence regarding use of its mark.
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TTABlog note: Yours truly provided some assistance and advice to Chesapeake in connection with its appeal.
Text Copyright John L. Welch 2014.