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CAFC Upholds TTAB's Corcamore Sanction and "Standing" Decision, Rules that Lexmark Applies to Cancellation Proceedings

The CAFC affirmed the TTAB's decision in SFM, LLC v. Corcamore, LLC, 129 USPQ2d 1072 (TTAB 2018) [TTABlogged here], upholding the Board's entry of judgment as a sanction against Corcamore, LLC due to its misconduct. Corcamore contended that because SFM lacked standing to petition for cancellation, the Board erred in entering judgment. The appellate court, however, concluded that "SFM was entitled to bring and and maintain a petition under 15 U.S.C. § 1064, the statutory cause of action for cancellation of trademark registrations, and ... the Board did not otherwise abuse its discretion in imposing default judgment as a sanction." Corcamore, LLC, v. SFM, LLC, Appeal No. 2019-1526 (Fed. Cir. October 27, 2020) [precedential].Sanction: SFM, LLC petitioned for cancellation of Corcamore's registration for the mark SPROUT for "vending machine services," alleging priority and likelihood of confusion with its marks SPROUTS and SPROUTS FARMERS MARKET for "retail grocery store services...continue to full post

Full post as published by The TTABlog on October 29, 2020 (boomark / email).