Digest of Beling v. Eniss, Inc., No. 2015-1157 (Fed. Cir. June 3, 2015) (non-precedential). On appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. Before Prost, Byrson, and Hughes (per curiam).
Procedure Posture: Plaintiff-appellant appealed dismissal on summary judgment of his petition to cancel appellee’s trademark. CAFC affirmed.
- Fraud: The Federal Circuit found that appellant had not produced evidence that appellee actually knew of a confusingly similar third-party mark or intended to deceive the PTO and affirmed the Board’s grant of summary judgment on the fraudulent procurement claim.
- Genericness: The Federal Circuit found that appellant did not produce evidence of how the relevant public would understand appellee’s mark, COLORWORX, and therefore had failed to create a genuine issue of material fact as to whether appellee’s mark was generic or merely descriptive.