Legal Opinion
Hylete LLC v. Hybrid Athletics, LLC
Court of Appeals for the Federal Circuit
Decided August 1, 2019No. 2017-2057PublishedCited by 9 opinions
1Opinion of the Court
Reyna, Circuit Judge.
Hylete LLC appeals from a decision of the Trademark Trial and Appeal Board sustaining Hybrid Athletics, LLC's opposition to Hylete's trademark registration application. We conclude that Hylete waived the arguments on which its appeal relies because it raises new issues that could have been raised and were not considered below. We affirm.
BACKGROUND
In January 2013, Hylete applied to register a design mark for a stylized letter "H" in International Class 25 for "[a]thletic apparel, namely, shirts, pants, shorts, jackets, footwear, hats and caps." J.A. 76-92. After finding no…
2Cases cited8 opinions
- In re E. I. DuPont DeNemours & Co.Court of Customs and Patent Appeals · 1973
- Rezi P. Forshey, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2002
- Walter G. Finch v. Hughes Aircraft CompanyCourt of Appeals for the Federal Circuit · 1991
- Southwest Software, Inc., Plaintiff-Cross v. Harlequin Incorporated, Harlequin Limited, and Ecrm TrustCourt of Appeals for the Federal Circuit · 2000
- In Re Chatam International IncorporatedCourt of Appeals for the Federal Circuit · 2004
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
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- Cervejaria Petropolis Sa v. Ambev S.A.Court of Appeals for the Federal Circuit · 2019
- Cottingham v. HhsCourt of Appeals for the Federal Circuit · 2020
- Dollar Financial Group, Inc. v. Brittex Financial, Inc.Court of Appeals for the Federal Circuit · 2025
4 more not listed; retrieve them via the Exa API.