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AYCOCK ENGINEERING, INC. v. AIRFLITE, INC.

No. 2008-1154.

560 F.3d 1350 (2009)

AYCOCK ENGINEERING, INC., Appellant, v. AIRFLITE, INC., Appellee.

United States Court of Appeals, Federal Circuit.

March 30, 2009.

Attorney(s) appearing for the Case

Rebecca E. Crandall, Coats & Bennett, PLLC, of Cary, NC, argued for appellant. With her on the brief was Anthony J. Biller.

David J. Kera, Oblon, Spivak, McClelland, Maier, & Neustadt, P.C., of Alexandria, VA, argued for appellee.

Opinion for the court filed by District Judge O'GRADY. Dissenting opinion filed by Citcuit Judge NEWMAN.

O'GRADY, District Judge.

In 1970, Respondent-Appellant Aycock Engineering, Inc. ("Aycock Engineering") applied for a service mark, which was registered at the United States Patent and Trademark Office ("USPTO") in 1974 after examination. In 2007, however, the USPTO Trademark Trial and Appeal Board ("TTAB") declared the registration void because it failed to meet the "use in commerce" element of the Lanham Act. Aycock Engineering now appeals the TTAB's ruling. The...

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