Adidas Foe Tells Fed. Circ. No Sales Minimum Needed For TM

Law360, New York (February 17, 2016, 8:15 PM EST) -- An Illinois church embroiled in a multiyear battle with Adidas over the company's “Adizero” brand asked the Federal Circuit on Tuesday to quash a line of reasoning used to cancel its "Add-A-Zero" trademark, saying there's no minimum requirement for a mark's use in interstate commerce before trademark protections take effect.

In a reply brief outlining its argument that the Trademark Trial and Appeal Board erred in canceling its trademark in September, the Christian Faith Fellowship Church said the U.S. Supreme Court has routinely found any interstate sale of a product, however trivial, invokes Lanham Act protections.

“The test cannot be what...

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