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Pryor Cashman Partner Dyan Finguerra-DuCharme, Co-Chair of the
Trademark Group and a member of the Intellectual Property,
Litigation, and Media + Entertainment Groups, spoke with
Managing IP a few Court of Appeals determination that
“may make it more durable to show that rights holders have
deserted their marks.”
In “Federal Circuit Sets High Abandonment Bar in Barclays:
Counsel,” Dyan weighs in on the June 1, 2022 ruling blocking
the Tiger Lily model from registering the LEHMAN BROTHERS mark for
beer and spirits, citing the present Barclays model.
Dyan Finguerra-DuCharme, co-chair of Pryor Cashman’s
trademark group in New York, factors out that the Federal Circuit
cited the truth that Barclays supplied legacy analysis supplies from
Lehman Brothers and maintained a Lehman Brothers web site as
proof of its use.
“But the truth that prior analysis continues to be out there on
the web site doesn’t suggest it is nonetheless rendering providers
underneath the mark. The Federal Circuit went to nice pains to search out
that the mark continued to be in use by Barclays.”
…
Finguerra-DuCharme factors out that a number of firms have
lately deserted manufacturers as a result of they have been offensive.
She says that underneath this case, such companies may discover
methods to keep up minimal use of their marks behind the scenes whereas
in any other case avoiding associations with their former manufacturers to stop
others from acquiring an identical registrations.
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Originally revealed by Managing IP
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