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In re California Innovations, Inc.

United States Court of Appeals for the Federal Circuit
329 F.3d 1334 (2003)


Facts

California Innovations, Inc. (California Innovations) (plaintiff), a Canadian corporation, filed an intent-to-use trademark application in March 1995 for a composite mark featuring the company name. The California Innovations mark was to be used in association with various auto accessories and insulated bags for food and beverages. In July 1999, the United States Patent and Trademark Office (PTO) refused to register the California Innovations mark after determining that it was primarily geographically deceptively mis-descriptive. California Innovations appealed the decision of the PTO to the Trademark Trial and Appeal Board (TTAB). In February 2002, the TTAB upheld the PTO decision that the California Innovations mark was geographically deceptively mis-descriptive. California Innovations appealed the decision only as applied to use of the mark in association with insulated wraps and bags for food and beverages.

Rule of Law

Issue

Holding and Reasoning (Rader, J.)

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