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CAFC Affirms TTAB's Shinnecock Smoke Shop Section 2(a) Ruling

The U.S. Court of Appeals for the Federal Circuit affirmed the TTAB's judgment in the Shinnecock Smoke Shop case, in which the Board affirmed the PTO's Section 2(a) false association refusal of the two marks shown below, for cigarettes. (TTABlogged here). The Board found that the marks falsely suggest a connection with the Shinnecock Indian Nation. In re Shinnecock Smoke Shop, Appeal No. 2009-1100 (Fed. Cir. July 1, 2009) [precedential]. [An mp3 of the oral argument before the CAFC may be found (here).]Applicant/Appellant argued that the Shinnecock Indian Nation is not a "person" or "institution" under Section 2(a), but the court agreed with the TTAB that the Nation is indeed an institution. That conclusion, the court found, is in accord with Board precedent and the ordinary meaning of the term...continue to full post

Full post as published by The TTABlog on July 03, 2009 (boomark / email).