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Article: Incontestable Newsletter - April 2009.
- Article from:
- Mondaq Business Briefing
- Article date:
- April 22, 2009
CopyrightCOPYRIGHT 2009 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Aycock Eng'g, Inc. v. Airflite, Inc., 2009 WL 805304 (Fed. Cir. Mar. 30, 2009) by Dana M. Nicoletti
ABSTRACT In a decision assessing the "use in commerce" requirements of the Lanham Act prior to the effective date of the Trademark Law Revision Act of 1988 and the corresponding intent-to-use provisions, the Federal Circuit upheld the TTAB's decision to cancel a registration where the registrant had undertaken a number of preparatory steps to create the network necessary to offer the services identified in its registration, but had never actually offered those services to the general public. In reaching its decision, the Federal Circuit emphasized that the ...