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Commentary

Fed. Circ. Agrees Brazilian Brewery Abandoned 'Fusion' Mark

October 10, 2019

Law360

On October 10, 2019 the U.S. Court of Appeals for the Federal Circuit ruled in favor of Finnegan client Ambev, upholding the Trademark Trial and Appeal Board’s (TTAB) decision that Cervejaria Petropolis’ “FUSION” trademark registration should be canceled because it had not been used for several years. The mark was registered to cover non-alcoholic beverage ingredients used in energy drinks.

In 2018, the TTAB ruled in favor of Ambev, stating that there was proof that the mark had not been used in at least three consecutive years, and that Cervejaria Petropolis showed no intent to use the mark during that time period. The Federal Circuit agreed. Finnegan partner Doug Rettew said, “We are very pleased that the Federal Circuit, and the board before it, carefully scrutinized the facts, and the multiple evidentiary issues at play in this case, in finding that Ambev met its burden of proving abandonment under the relevant standard.”

Related Practices

Appeals, Issues, and Legal Strategy

Federal Circuit and Supreme Court Appeals

Global IP Enforcement, Litigation, and Trials

Trademark Litigation and Trials

Trademark and Brand Management

Trademark Oppositions and Cancellations

Related Industries

Food and Beverage

Hospitality, Gaming, and Leisure

Related Offices

Palo Alto, CA

Washington, DC

Related Professionals

Douglas A. Rettew
Partner
Washington, DC
+1 202 408 4161
Email
Patrick J. Rodgers
Associate
Washington, DC
+1 202 408 4374
Email
Morgan E. Smith
Partner
Palo Alto, CA
+1 650 849 6665
Email

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