Legal Opinion
Aycock Engineering, Inc. v. Airflite, Inc.
Court of Appeals for the Federal Circuit
Decided March 30, 2009No. 2008-1154PublishedCited by 47 opinions
1Opinion of the Court
*1353Opinion for the court filed by District Judge O’GRADY. Dissenting opinion filed by Citcuit Judge NEWMAN.
O’GRADY, District Judge.
In 1970, Respondent-Appellant Aycock Engineering, Inc. (“Aycock Engineering”) applied for a service mark, which was registered at the United States Patent and Trademark Office (“USPTO”) in 1974 after examination. In 2007, however, the USP-TO Trademark Trial and Appeal Board (“TTAB”) declared the registration void because it failed to meet the “use in commerce” element of the Lanham Act. Ay-cock Engineering now appeals the TTAB’s ruling. The question presented herein…
2Cases cited11 opinions
- Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
- Chance v. Pac-Tel Teletrac Inc.Court of Appeals for the Ninth Circuit · 2001
- Octocom Systems, Inc. v. Houston Computer Services, Inc.Court of Appeals for the Federal Circuit · 1990
- On-Line Careline, Inc. v. America Online, Inc., (Substituted for Compuserve, Inc.)Court of Appeals for the Federal Circuit · 2000
- In Re Shell Oil CompanyCourt of Appeals for the Federal Circuit · 1993
6 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- In Re: Cordua Restaurants, Inc.Court of Appeals for the Federal Circuit · 2016
- Lodestar Anstalt v. Bacardi & Company Ltd.Court of Appeals for the Ninth Circuit · 2022
- M.Z. Berger & Co., Inc. v. Swatch AgCourt of Appeals for the Federal Circuit · 2015
- Kelly Services, Inc. v. Creative Harbor, LLCCourt of Appeals for the Sixth Circuit · 2017
- Lyons v. American College of Veterinary Sports Medicine & RehabilitationCourt of Appeals for the Federal Circuit · 2017
42 more not listed; retrieve them via the Exa API.