Federal Circuit Affirms Cancellation of Trademark Registration

Federal Circuit Affirms Cancellation of Trademark Registration

WASHINGTON, D.C. - Finding no error in a determination by the Trademark Trial and Appeal Board (TTAB) that a trademark registrant's software is "merely incidental" to its retail business and cannot be considered a "good in trade," the Federal Circuit U.S. Court of Appeals on Aug. 3 affirmed cancellation of the disputed mark (Lens.com Inc. v. 1-800 Contacts Inc.,  No. 11-1258, Fed. Cir.).

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