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.”
