• Apr 10 2019
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  • Category: CAFC Updates

Siny Corp. appeals a decision of the Trademark Trial and Appeal Board affirming the examining attorney’s refusal to register Siny’s proposed mark CASALANA for “knit pile fabric made with wool for use as a textile in the manufacture of outerwear, gloves, apparel, and accessories.” The application was based on use in commerce, and Siny submitted a specimen consisting of a webpage printout, which purported to show the mark in use in commerce for the goods. The examining attorney refused registration because the specimen appeared to be mere advertising material and failed to show the requisite use in commerce for the goods because the text of the website was insufficient for consumers to make a purchase. The Board agreed, finding that the webpage specimen was not a display associated with the goods within the meaning of the Lanham Act. The CAFC considered whether the webpage specimen qualifies as a display associated with the goods under the Lanham Act and noted that advertising is not enough to qualify as such a display. Because the Board carefully considered the webpage specimen’s contents and determined, on the record before it, that the specimen did not cross the line from mere advertising to an acceptable display associated with the goods, the CAFC could not say that the Board’s determination lacked substantial evidence, and affirms.

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