Digest of Staub Design, LLC v. David John Carnivale, No. 2015-1306 (Fed. Cir. Aug. 6, 2015) (non-precedential).  On appeal from TTAB.  Before Reyna, Wallach, and Hughes.

Procedural Posture: Appellant appealed dismissal of its petition for cancellation before the TTAB. CAFC affirmed.

  • Trademarks: The board did not err in dismissing the appellant’s petition for cancellation in light of a district court’s prior finding that appellee’s mark was distinctive. Evidence did not support appellant’s argument that the distinctiveness was limited to the time of registration of the domain name and that, since then, the mark had become generic.