Archive | Abandonment RSS feed for this section

Ninth Circuit Determines That Plaintiffs Must Prove Likelihood of Irreparable Harm to Obtain a Preliminary Injunction in Trademark

On December 2, 2013, the U.S. Court of Appeals for the Ninth Circuit issued an opinion in Herb Reed Enterprises, LLC v. Florida Mgmt., Inc.; Larry Marshak (9th Cir. December 2, 2013). In this case,  Larry Marshak and his company Florida Entertainment Management, Inc. (Marshak) had appealed the district court’s grant of a preliminary injunction in […]

Share
Read full story Comments { 0 }

Federal Circuit Upholds TTAB’s Finding of Abandonment of Lens.com’s LENS Mark

On August 3, 2012, the US Court of Appeals for the Federal Circuit issued a decision in the case Lens.com, Inc. v. 1-800 Contacts, Inc.  In the case, the Federal Circuit upheld a decision of the USPTO Trademark Trial and Appeal Board (“TTAB”) granting a motion for summary judgment and ordering the cancellation of Lens.com’s […]

Share
Read full story Comments { 0 }

Failure to File Section 8 Declaration of Use Does Not Negate Evidence of Intent Not to Abandon Mark

In THE CRASH DUMMY MOVIE, LLC v. MATTEL, INC. (CAFC 2009-1239, April 16, 2010), the Federal Circuit found that Mattel’s failure to file a timely Section 8 declaration of use did not negate Mattel’s intent to resume its use of the mark. Mattel, via its predecessor in interest Tyco, had registered the mark CRASH DUMMIES […]

Share
Read full story Comments { 0 }