Eleventh Circuit Finds ENGINEERED TAX SERVICES Mark Inherently Distinctive

On May 14, the U.S. Court of Appeals for the Eleventh Circuit reversed a decision of the U. S. District Court for the Southern District of Florida in Engineered Tax Services, Inc., v. Scarpello Consulting, Inc. The district court granted summary judgment in favor of Scarpello, asserting that no reasonable jury could find ENGINEERED TAX SERVICES to be a valid trademark due to a lack of distinctiveness. Engineered Tax Services (ETS) appealed to the Eleventh Circuit, which found that a reasonable jury could have found the mark to be inherently distinctive.

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