Fed. Circ. Protects Condom Co.'s Right To Challenge TM

Law360 (July 27, 2020, 8:37 PM EDT) -- A split Federal Circuit panel on Monday said a condom company didn't give up its right to request the cancellation of a rival's "naked" trademark registration when it allegedly agreed to stop using its competing unregistered marks in the U.S., overturning a Trademark Trial and Appeal Board decision finding otherwise.

The three-judge panel unanimously declared that a TTAB petitioner doesn't need to have proprietary rights in its unregistered mark to petition for the cancellation of another's registered mark. A majority of the panel then found that Australian Therapeutic Supplies Pty. Ltd. specifically had proved that it has the right to challenge...

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