The U.S. Court of Appeals for the Federal Circuit (CAFC) this week ordered Apple, Inc. and the U.S. Patent and Trademark Office (USPTO) to respond to a petition for writ of mandamus filed by the owner of the APPLE JAZZ trademark, who has been embroiled in a fight with Apple, Inc. over rights to the mark since 2016. Charles Bertini, who owns APPLE JAZZ, petitioned the CAFC last week, asking the court to direct the USPTO to issue a final decision on its petition to cancel Apple’s mark, APPLE (Registration No. 4088195) for nonuse/ abandonment on the ground that Apple never used the mark in commerce for entertainment services listed in the Registration Certificate.
Recent Posts
- Call Off Chicken Little: The Sky is Not Falling for Skinny Labeling After GSK v. Teva
- CAFC Committee Recommends Another Year of Sanctions Against Newman
- Massie Tells House IP Subcommittee Witnesses He’s ‘Appalled’ By Proposals to Rein in ITC’s Patent Powers
- CAFC Invalidates Remaining Claim on Data Transmission Patent, Remands Substitute Claims for Collateral Estoppel Determination
- NIH Intramural Licensing Guidelines Hit the Wrong Note at the Wrong Time