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ARTICLE · 29 AUGUST 2017

Divided TTAB Panel Rejects Website Specimen Of Use For Fabric

Wolf, Greenfield & Sacks, P.C.
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A divided Board panel affirmed a refusal to register the mark CASALANA for "knit pile fabric made with wool for use as a textile in the manufacture of outerwear, gloves, apparel, and accessories,"...

United StatesIntellectual Property
John L. Welch
John L. Welch
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A divided Board panel affirmed a refusal to register the mark CASALANA for "knit pile fabric made with wool for use as a textile in the manufacture of outerwear, gloves, apparel, and accessories," on the ground that applicant failed to submit a proper specimen of use. Applicant contended that its website qualified as a display associated with the goods, but the panel majority disagreed. In re Siny Corp., Serial No. 86754400 (August 17, 2017) [not precedential] (Majority opinion by Judge Anthony R. Masiello).


Applicant's webpage depicts the CASALANA mark adjacent one of eleven choices of fabrics, and it includes an explanation of the nature of applicant's goods. It also provides an informational link and, near the bottom of the webpage under the heading "For sales information" a phone number and an email address. The Board assumed that the phone number would connect a prospective customer with sales personnel.

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