Monday, January 17, 2011

CAFC Hears Oral Argument in Citigroup v Capital City Bank

The CAFC heard oral argument on Friday, January 14th, in Citigroup's appeal from the TTAB's decision in Citigroup Inc. v. Capital City Bank Group, Inc., 94 USPQ2d 1645 (TTAB 2010) [precedential].[The TTAB decision is TTABlogged here]. An mp3 of the oral argument may be found here (Appeal No. 2010-1369).

Appellant Citigroup argued that, in its du Pont analysis, the Board failed to properly consider a possible variation of Applicant's CAPITAL CITY BANK standard-character mark that de-emphasizes the word CAPITAL and emphasizes the term CITY BANK. Appellee urged that such a variation would not be reasonable in light of the 115-year history of use of the CAPITAL CITY BANK mark, and even so there was no evidence that any imagined variation would be likely to cause confusion.

Text Copyright John L. Welch 2011.


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