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ARTICLE · 18 JUNE 2015

Online Blog Articles And Trademark Use With Services

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Nygard International Partnership (the "registrant") was the registered owner of the trademark FASHIONISTA SOCIETY design (the "Mark")...

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In a recent decision of the Trademarks Opposition Board dealing with a non-use cancellation proceeding, the Hearing Officer maintained a registration for a trademark covering online shopping services based on evidence showing the mark appearing in the title and the text of online fashion blogs (Wolfie Furs Inc. and Nygard International Partnership [2015 TMOB 64]).

Nygard International Partnership (the "registrant") was the registered owner of the trademark FASHIONISTA SOCIETY design (the "Mark"), registered for in association with:  "Personalized shopping services, namely, an exclusive on-line service whereby customers are provided with clothing and accessories specifically tailored to their personal needs and criteria". The registrant operated a "bricks and mortar" retail store division in Canada in association with the NYGARD trademark, as well as an online retail sales division at www.nygard.com where customers could purchase clothing and accessories.

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