In the latest edition of their Law360 column on noteworthy Federal Circuit rulings, partners Jeremiah Helm and Sean Murray examine the recent decision in In re: Thomas D. Foster APC.
In this ruling, the Federal Circuit affirmed the Trademark Trial and Appeal Board’s refusal to register a mark that suggested a false connection with the U.S. According to Helm and Murray, the opinion in Foster “probed the questions of when a trademark registration must falsely suggest a connection to be denied registration.”
Speaking to the significance of the court’s ruling, the authors observe that the decision aligns with the exceptions found in Section 2 of the Lanham Act, and clarifies that “when determining whether a mark can be registered, the board may rely on post-filing evidence of a false connection.”
Murray and Helm conclude that the decision in Foster “gives the trademark office additional clarity when working through opportunistic trademark filings, particularly when the mark’s value is due primarily to the potential value of a false connection.”
Read the full article here.
