Digest of AVID COUTURE V. PLAYDOM, INC., No. 2014-1480 (Fed. Cir. Mar. 2, 2015) (precedential). On appeal from TTAB in No. 92051115. Before Dyk, Moore, and O’Malley.

Procedural Posture: David Coutre appeals a decision of the TTAB granting Playdom, Inc.’s petition to cancel the service mark PLAYDOM. CAFC affirmed.

  • Trademarks: The TTAB correctly granted Playdom Inc.’s petition to cancel the registration of appellant’s mark PLAYDOM because appellant had not used the mark in commerce as of the date of the application. The appellant had filed an application to register the service mark PLAYDOM pursuant to Lanham Act § 1(a), which requires a mark to be “used in commerce.” A mark for services is used in commerce when both (1) it is used or displayed in the sale or advertising of services, and (2) the services are rendered. Here, appellant created a website offering “Entertainment Services” prior to filing a trademark application. But, there was no actual provision of services until years later. Therefore, appellant’s registration was void ab initio.