Thursday, July 08, 2010

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Circuit affirmed per curiam the Board's decision in In re The Lex Group VA, Serial No. 76665046 (August 28, 2009) [not precedential].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.


At 12:45 PM, Anonymous Rob said...

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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