CAFC Affirms TTAB's Mere Descriptiveness Ruling in "E-LEX" Case
Yesterday, the U.S. Court of Appeals for the Federal Circuit affirmed per curiam the Board's decision in In re The Lex Group VA, Serial No. 76665046 (August 28, 2009) [not precedential]. [TTABlogged here]. (CAFC Rule 36 affirmance here). Mp3 of oral Argument here.
TTABlog comment: Apparently, Mr. Dickens, the lex is not a ass.
Note that all the comments on the original posting thought the TTAB's decision was wrong.
Text Copyright John L. Welch 2010.
posted by John L. Welch @ 7/08/2010
1 comments
1 Comments:
I think the CAFC knows that the Board probably erred, but then it was purely a question of fact, the standard of review was deferential (i.e. not de novo), and the record was minimal - consisting only of dictionary definitions. Hence the canned ruling.
A more motivated panel could have taken judicial notice of the pertinent facts, as they are well aware of them.
Applicant can still reapply for registration on the Supplemental, then 5 years later on the Principal.
Was there even a case in the last year where the CAFC reversed the Board on a question of fact? Bose, Fred, and Cold War Museum were all reversed on questions of law.
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