Use In Commerce: The Bose Problem

Law360, New York (May 20, 2009, 12:00 AM EDT) -- On May 6, 2009, the Court of Appeals for the Federal Circuit heard oral arguments in a case[1] in which the underlying issues were whether Bose Corp. was correct in its interpretation of “use in commerce” as defined in 15 U.S.C. § 1127 (Section 45 of the Trademark Act)[2] or, if Bose was not correct, did it have a reasonable and honest belief that its interpretation was correct[3].

Bose was the owner of Registration Number 1,633,789 for the trademark WAVE for a list of goods which...
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