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DC Circuit Rules TTAB Party May Raise New Issues in 21(b) Civil Action for Review

By John L. Welch

The U.S. Court of Appeals for the District of Columbia Circuit has reversed in part a district court ruling in a civil action under Lanham Act Section 21(b), seeking review of the TTAB's decision in Aktieselskabet af 21. November 2001 v. Fame Jeans, Inc., Opposition No. 91163436 (January 30, 2006). [TTABlogged here]. The TTAB had dismissed the Danish company's Section 2(d) opposition to registration of the mark JACK & JONES for clothing because the Canadian applicant, Fame Jeans, had priority. Neither company had used the mark in the USA, but the Canadian company had the earlier filing date. In the civil action, Opposer added several new grounds for its opposition, but the district court dismissed the complaint, deciding that the new grounds were waived because Opposer did not present them before the TTAB, and further that the TTAB had correctly ruled on the Section 2(d) claim...continue to full post

Full post as published by The TTABlog on May 05, 2008 (boomark / email).