Fed. Circ. Reinstates Cold War Museum Trademark

Law360, New York (November 5, 2009, 2:55 PM EST) -- A federal appeals court has reversed the cancellation of the trademark for the Cold War Museum Inc., despite arguments from a similarly named museum that the mark is descriptive and should not have been registered.

The U.S. Court of Appeals for the Federal Circuit reinstated the mark Thursday after finding the Trademark Trial and Appeal Board failed to consider evidence about the mark's distinctiveness when it issued the cancellation.

The Cold War Air Museum Inc., an aircraft museum near Dallas, had petitioned to cancel the mark,...
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