Trademark Law - Top Cases
5/22/2008 2:56:20 PM EST
Lucky Brand Dungarees Inc. v. Ally Apparel Resources LLC, 2008 U.S. Dist. LEXIS 8210 (S.D.N.Y. Feb. 5, 2008)
Nothing in the plain language of 15 U.S.C.S. § 1115(b)(6) suggested that a mark that was registered but later cancelled could not satisfy the "was registered" element of § 1115(b)(6). As defendants' mark was registered prior to any of plaintiffs' registrations, defendants were not precluded from invoking the prior use defense under § 1115(b)(6).
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