Arthrex-Based TTAB Challenge Meets Dubious Federal Circuit Panel

Aug. 4, 2021, 9:57 PM

A piano company trying to revive its trademark encountered a Federal Circuit skeptical of its argument that a Supreme Court ruling deeming a patent tribunal unconstitutionally structured also applied to the Trademark Trial and Appeal Board.

Sweet 16 Musical Properties Inc. told the U.S. Court of Appeals for the Federal Circuit during oral argument Wednesday that the TTAB’s unconstitutionally appointed judges wrongly canceled its “Schiedmayer” trademark.

Schiedmayer GmbH, a German instrument manufacturer, had convinced the TTAB that even though it didn’t sell pianos, it sold celestas and glockenspiels in similar stores, and that consumers would wrongly presume Sweet 16’s pianos ...

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