Wednesday, May 07, 2014

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.


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