Three CAFC Oral Arguments This Week in TTAB Appeals
The CAFC will hear oral argument this week in three appeals from TTAB decisions. The three cases are summarized below. [Appeal briefs and other papers may be found via PACER; Oral argument recordings may subsequently be found here].
Wednesday, May 7, 10 AM: Cigar King, LLC v. Corporacion Habanos, S.A., Appeal No. 13-1531 (Cancellation No. 92053245). [The Board granted a petition for cancellation of two registrations, one for the mark HAVANA SOUL and the other HAVANA LEON, both for cigars made with Cuban seed tobacco, as a sanction for Respondent's failure to comply with a Board discovery order].
Thursday, May 8, 10 AM: Terry v. Newman, Appeal No. 14-1036 (Cancellation No. 92047809). [The Board dismissed a petition for cancellation of a registration for the mark OPERATION RESCUE for "educational services, namely, providing classes, workshops, seminars, and personal instruction in the field of pro-life issues and social activism," ruling that the mark did not falsely suggest a connection with Petitioner Randall Terry because the mark did not uniquely and unmistakably point to Petitioner as of the time of registration].
Friday, May 9, 10 AM: Chesapeake Marine Tours, Inc. v. Alcatraz Media, Inc., Appeal No. 14-1031 (Cancellation No. 92050879) [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].
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Text Copyright John L. Welch 2014.