Bid to Revive Mark Denied in First Cunningham Fed. Cir. Opinion

A clothing company failed to revive its Ethik trademark registration after it fell to opposition from sportswear company Ethika Inc., the Federal Circuit held in the first opinion written by Judge Tiffany P. Cunningham.

The Trademark Trial and Appeal Board properly canceled the “Ethik Clothing Co.” design trademark as likely to cause consumer confusion given Ethika’s word and design marks, the U.S. Court of Appeals held in a nonprecedential opinion. Cunningham was sworn in as the circuit’s first Black judge in September.

The court considered new arguments from Ethik principal Alexander Hage-Boutros on appeal because he proceeded without counsel ...