Fed. Circ. Won't Override TTAB In Coke TM Dispute

By Tiffany Hu (September 16, 2021, 6:35 PM EDT) -- A trademark applicant was dealt a double loss in his fight with Coca-Cola after the Federal Circuit on Thursday affirmed the Trademark Trial and Appeal Board's decisions to toss his challenges over the beverage giant's applications following inaction on his part.

In the first nonprecedential opinion, the panel affirmed the TTAB's decision to grant Coca-Cola's motion to dismiss Alberto Solar-Somohano's opposition against Coca-Cola's trademark application for "Coca-Cola Energy" because Somohano failed to timely respond to the motion.

Somohano's argument that administrative trademark judges are unconstitutionally appointed "lacks merit," the panel said, citing its recent ruling that the U.S. Supreme Court's Arthrex...

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