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In a nonprecedential one-line order, a three-judge panel summarily affirmed the Trademark Trial and Appeal Board's June 2018 refusal to let Michigan-based Inn at St. John's LLC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,"...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!