Monday, November 25, 2013

Current List of TTAB Cancellation Decisions On Appeal to CAFC

I have gleaned (with the help of Alex Samuel and others) seven (7) appeals currently pending before the CAFC from TTAB decisions in cancellation proceedings. The cases are summarized below, with links to the pertinent TTABvue pages where the decisions may be found, as well as links to the pertinent TTABlog postings, if any. [Appeal briefs and other papers may be found via PACER; Oral argument recordings may be found here, if any].


Empresa Cubana del Tabaco v. General Cigar Co., Inc., Appeal No. 13-1465 (Cancellation No. 92025859). [Summary dismissal of petition for cancellation of two registrations for the mark COHIBA for cigars, on the ground of lack of standing, in view of the decision of the U.S. Court of Appeals for the Section Circuit in  Empresa Cubana Del Tabaco dba Cubatabaco v. Culbro Corp., 399 F.3d 462 (2nd Cir. 2005)].

Gutier v. Hugo Boss Trade Mark Mgmt, Appeal No. 13-1481 (Cancellation No. 92052549). [The Board dismissed as moot a petition for cancellation of registrations for the marks XY COSMETICS for "cosmetics and non-medicated skin care preparations for men" and XY SKIN CARE for "non-medicated skin care preparations for men," on the ground of mootness in view of a decision of the U.S. District Court for the District of Arizona, ordering cancellation of the two registrations]. [Affirmed]

Edge Games, Inc. v. EA Digital Illusions, Appeal No. 13-1530 (Cancellation No. 92051465). [The Board granted a petition for cancellation of five registrations for the marks EDGE, THE EDGE, GAMER'S EDGE, and CUTTING EDGE for video games, printed matter, and related goods and services, in view of a final judgment entered by the United States District Court for the Northern District of California in Edge Games, Inc. v. Electronics Art, Inc., Civil Action No. c10-02614 WHA (N.D. Cal. October 1, 2010)]. [See TTABlog posting here]. [Appeal dismissed].

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].

C. & J. Clark International v. Unity Clothing Inc., Appeal No. 13-1542 (Cancellation No. 92049418) [Dismissal of a petition for cancellation of a registration for the mark UN & Design for various clothing items, predicated solely on the ground of fraud, in view of the lack of proof of Respondent's fraudulent intent in making admittedly false statements, at the time of filing the underlying application, regarding use of its mark in connection with some of the goods identified in its registration]. [TTABlogged here].

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].

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].

Read comments and post your comment here.

TTABlog note: A major fraud ruling from the CAFC in the "UN" case is, I think, UNlikely.

Text Copyright John L. Welch 2013.


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