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United States Federal Circuit


Duopross Meditech Corp. v. Inviro Medical Devices, LTD., 12-1050

In plaintiff's suit for cancellation of two trademark registration owned by a competitor, a seller of medical syringes and needles, the Trademark Trial and Appeal Board's dismissal of the complaint is reversed and remanded, as the Board failed to consider one of the marks as a whole, failed to make adequate findings to support its conclusion that plaintiff failed to prove descriptiveness, and erroneously concluded that puffing could render the marks more than descriptive.

Appellate Information

  • Decided 08/14/2012
  • Published 08/14/2012

Judges

  • O'Malley

Court

  • United States Federal Circuit

Counsel

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