6th Circuit Partly Vacates Decision Voiding Trademark Applications

(January 24, 2017, 1:44 PM EST) -- CINCINNATI — When an intent-to-use (ITU) trademark applicant proceeding under Lanham Act § 1(b) lacks a bona fide intent to produce some, but not all, of the goods and services listed in the application, the application “should not be voided in its entirety absent fraud or other egregious conduct,” a divided panel of the Sixth Circuit U.S. Court of Appeals ruled Jan. 23 (Kelly Services Inc. v. Creative Harbor LLC, No. 16-1200, 6th Cir.; 2017 U.S. App. LEXIS 1131)....

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