№ files_lp_4_process_2_58855
File format: docx Character count: 14191 File size: 461 KB
Federal appellate court opinion reviewing a Trademark Trial and Appeal Board decision on cancellation of a comic book trademark registration based on priority established through prior and analogous use of the mark CAPTAIN CANNABIS.
Year: 2023
Jurisdiction: United States
Court: United States Court of Appeals for the Federal Circuit
Case Number: No. 2023-1150
Decision Date: October 19, 2023
Type of Document: Judicial opinion
Procedural Status: Nonprecedential disposition
Parties: Cosmic Crusaders, LLC and Lewis Davidson (Appellants); Laverne J. Andrusiek (Respondent)
Subject Matter: Trademark law
Legal Issue: Priority of trademark use and cancellation of registration
Trademark at Issue: CAPTAIN CANNABIS
Related Proceeding: Trademark Trial and Appeal Board cancellation proceeding (Cancellation No. 92/064,830)
Statutory References: Lanham Act § 2(d), 15 U.S.C. § 1052(d)
Industry Context: Comic book publishing and sales
Outcome: Affirmance of the Trademark Trial and Appeal Board decision canceling the appellants’ trademark registration
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