Legal Opinion
In Re: Jobdiva, Inc.
Court of Appeals for the Federal Circuit
Decided December 12, 2016No. 2015-1960PublishedCited by 10 opinions
1Opinion of the Court
STOLL, Circuit Judge.
In this trademark case,! we must decide whether JobDiva, Inc. used its marks in connection with personnel placement and recruitment services, or whether the Trademark Trial and Appeal Board correctly held that JobDiva failed to do so because it used its marks on software offerings, without more. The Board required JobDiva to prove that it used its marks on more than just software because its software sales alone could not, in the Board’s view, constitute personnel and recruitment services. We disagree with the Board’s approach. The proper question is whether JobDiva,…
2Cases cited5 opinions
- B&B Hardware, Inc. v. Hargis Industries, Inc.Supreme Court of the United States · 2015
- On-Line Careline, Inc. v. America Online, Inc., (Substituted for Compuserve, Inc.)Court of Appeals for the Federal Circuit · 2000
- Princeton Vanguard, LLC v. Frito-Lay North America, Inc.Court of Appeals for the Federal Circuit · 2015
- In Re Advertising & Marketing Development, Inc.Court of Appeals for the Federal Circuit · 1987
- Lens.Com, Inc. v. 1-800 Contacts, Inc.Court of Appeals for the Federal Circuit · 2012
3Cited by10 opinions
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- Dubliner, Inc. v. East Coast Tavern Group, Inc.District Court, D. Massachusetts · 2023
- Gail Weiss, Trademark Trial and Appeal Board2024
- IEP Technologies, LLC v. KPM Analytics, IncorporatedDistrict Court, D. Massachusetts · 2025
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