Fed. Circ. Unconvinced USPTO Ignored Its Own TM Ruling

Law360 (September 13, 2019, 9:12 PM EDT) -- Steakhouses at a Michigan hotel and New York's John F. Kennedy Airport have confusingly similar names, the Federal Circuit affirmed Friday, rejecting the hotel's argument that it was wrongly denied a trademark because the U.S. Patent and Trademark Office disregarded its own earlier decision.

In a nonprecedential one-line order, a three-judge panel summarily affirmed the Trademark Trial and Appeal Board's June 2018 refusal to let Michigan-based Inn at St. John's LLC update its registration of a trademark on "5ive Restaurant" to "5ive Steakhouse." The board had found that customers would likely confuse the the new mark with the name of "5iveSteak,"...

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