United States Federal Circuit

A decision of the Trademark Trial and Appeal Board rejecting a Canadian insurance broker's opposition to the registration of certain marks by a New York broker, is reversed and remanded where the record revealed more ample use of the Canadian broker's marks in the United States to satisfy the use requirements of the Lanham Act section 2(d), as that section does not require "use in commerce" but only "use in the United States."

Appellate Information

• Decided 01/09/2007
• Published 01/09/2007

Judges

• CLEVENGER, Senior Circuit Judge., Before RADER, Circuit Judge, CLEVENGER, Senior Circuit Judge, and PROST, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• George Gottlieb, Gottlieb Rackman & Reisman, P.C., of New York, NY, argued for appellant.   With him on the brief was Barbara Loewenthal.


• For Appellees:
  
• Paul I. Perlman, Hodgson Russ LLP, of Buffalo, NY, argued for appellee.   With him on the brief were Edwin T. Bean, Jr. and Kathleen Sellers.