Federal Circuit Vacates, Remands Trademark Board ‘Earnhardt’ Ruling

(August 1, 2017, 11:44 AM EDT) -- WASHINGTON, D.C. — Findings by the Trademark Trial and Appeal Board (TTAB) that the mark “Earnhardt Collection” is not primarily merely a surname may have relied on an improper application of In re:  Hutchinson Technology Inc., the Federal Circuit U.S. Court of Appeals ruled July 27 (Teresa H. Earnhardt v. Kerry Earnhardt Inc., No. 16-1939, Fed. Cir., 2017 U.S. App. LEXIS 13576)....

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