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Article: Hold On To Your Jeans-District Court Oppositions Not Limited To Issues Presented To TTAB.(Trademark Trial and Appeal Board)(Lanham Act)(Case overview)
- Article from:
- Mondaq Business Briefing
- Article date:
- June 29, 2008
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The U.S. Court of Appeals for the D.C. Circuit has now ruled that a trademark opposition under s.21(b) of the Lanham Act need not be limited to the issues presented before the Trademark Trial and Appeal Board (TTAB). Aktieselskabet af 21 November 2001 v. Fame Jeans Inc., Case No. 07-7105, (D.C. Cir., April 29, 2008) (Brown, J.).
The plaintiff-appellant is a Denmark-based clothing company that is part of the Bestseller A/S fashion group. Since 1990, Bestseller has marketed a line of denim trousers under the brand name "Jack & Jones" and has registered the mark "Jack & Jones" in 46 countries.
By the time Bestseller applied to register the mark in ...