Law360, New York (May 24, 2017, 4:03 PM EDT) -- The Federal Circuit has revived a case filed by an "Insignia" wine brand that aims to cancel a trademark registration for "Bradley Star Insignia" cigars, saying the Trademark Trial and Appeal Board applied an improper "all-or-nothing" approach when deciding whether the wine mark was famous.
The precedential ruling on Wednesday came in a case filed by Joseph Phelps Vineyards LLC, which has produced Insignia wine since the 1970s, against Fairmont Holdings LLC, which successfully registered its Bradley mark for cigars back in 2012.
In a 2015 ruling refusing to cancel the Bradley registration, TTAB ruled the Insignia mark was not "famous"...
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