Legal Opinion
Lens.Com, Inc. v. 1-800 Contacts, Inc.
Court of Appeals for the Federal Circuit
Decided August 3, 2012No. 2011-1258PublishedCited by 14 opinions
1Opinion of the Court
LINN, Circuit Judge.
Lens.com, Inc. (“Lens.com”) appeals a decision of the Trademark Trial and Ap peal Board (“Board”) granting 1-800 Contacts, Inc.’s (“1-800 Contacts”) motion for summary judgment and ordering the cancellation of Lens.com’s registration for the mark LENS. Because the Board applied the correct test for determining “use in commerce” of a mark for software, and because there is no genuine issue of material fact that Lens.com did not use the mark LENS in commerce in connection with software, this court affirms.
I. Background
On July 21, 1998, the United States Patent and Trademark…
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