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The TTAB decides ex parte appeals from decisions by USPTO Examiners denying registration of marks, and inter partes proceedings challenging the registration of marks. Decisions of the TTAB may be appealed to a United States district court, or to the United States Court of Appeals for the Federal Circuit.
Booking.com appealed to the Trademark Trial and Appeal Board (TTAB), which upheld that "booking" was a generic term within the class of travel services, and simply appending ".com" did not change its generic nature. [2] Booking.com appealed the TTAB decision to the United States District Court for the Eastern District of Virginia.
Script logo used by the Redskins (1972–2020). Pro-Football, Inc. v. Harjo, 415 F.3d 44 (D.C. Cir. 2005), [1] is a case in which the U.S. Court of Appeals for the District of Columbia considered the decision of the United States Patent and Trademark Office's Trademark Trial and Appeal Board (TTAB) to cancel the registration of the Washington Redskins football team, based on the claim that the ...
Brunetti then appealed the decision to the United States Court of Appeals for the Federal Circuit with support of the American Civil Liberties Union (ACLU). The ACLU argued that the Supreme Court had already ruled there was a higher level of scrutiny when the mere display of a potentially offensive word can be regulated from the 1971 case Cohen v.
On June 18, 2014, the Trademark Trial and Appeal Board (TTAB) of the United States Patent and Trademark Office (USPTO) voted to cancel the six trademarks held by the team in a two-to-one decision that held that the term "redskins" is disparaging to a "substantial composite of Native Americans", and this is demonstrated "by the near complete ...
The decisions of the CAFC may also be reviewed on a discretionary basis by the United States Supreme Court as was firmly established in 1996 in Brenner v. Manson. Under United States v. Arthrex, Inc., the USPTO Director also has authority to review decisions of the Board and even issue decisions in its name.
The Trademark Trial and Appeal Board's decision on an issue triggers issue preclusion for a district court's judgment when the district court decides an issue overlapping with the TTAB's analysis of a registration application, and the Lanham Act does not bar such preclusive effect. Matal v. Tam: 582 U. S. ____ June 19, 2017 8–0 Substantive
Lens.com, Inc. v. 1-800 Contacts, Inc., 686 F.3d 1376 (Fed. Cir. 2012), is a decision by the United States Court of Appeals for the Federal Circuit which ruled that when software merely acts as a "conduit" for providing services over the internet, and does not have an independent value per se, it does not constitute a "good" being "sold or transported in commerce" for the purposes of ...