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Jack Wolfskin v. New Millennium Sports

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Written by: Roland Casillas, Web and Blog Editor Jack Wolfskin Ausrustung Fur Draussen GmbH & Co. KGAA v. New Millennium Sports, S.L.U., No. 14-1789 (Fed. Cir. 2015) Appellant, Jack Wolfskin applied to the Patent and Trademark Office for a design mark consisting of an angled paw print for the use with its products, clothing, footwear, and accessories. Appellee, New Millennium Sports filed a response to oppose the application as it would likely create confusion with its own registered mark. In response, Jack Wolfskin filed a counterclaim for cancellation of New Millennium’s mark since they have abandoned said mark. The Patent Trial and Appeals Board found for New Millennium Sports, stating there was no abandonment of the mark. The Federal Circuit Court of Appeals agrees with the Board and New Millennium in finding no abandonment has taken place.                             New Millennium…

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