Federal Circuit Affirms Right to Challenge Marks Without U.S. Use
July 7, 2022
Managing Intellectual Property
On June 29, the US Court of Appeals for the Federal Circuit (CAFC) reversed the Trademark Trial and Appeal Board’s (TTAB) decision ruling in favor of Meenaxi Enterprise in its trademark dispute against Coca-Cola. The TTAB initially ruled that Meenaxi infringed Coca-Cola’s ‘Thums Up’ and ‘Limca’ soda trademarks, thus cancelling the marks. The CAFC’s reversal emphasized the high bar needed by companies to show reputational harm. Managing Intellectual Property interviewed Finnegan partner Douglas Rettew to discuss the CAFC’s decision.
Doug explained the importance of the CAFC upholding the Fourth Circuit’s decision, stating, “It’s remarkable that the Federal Circuit embraced this analysis.”
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