‘Captain Cannabis’ Trademark Board Ruling Deemed Precedential

An administrative tribunal’s 2022 opinion canceling Cosmic Crusaders LLC’s “Captain Cannabis” trademark registration based on a comic creator’s rights was deemed precedential Wednesday, months after the Federal Circuit affirmed it.

Laverne Andrusiek Sr. convinced the Trademark Trial and Appeal Board and the US Court of Appeals for the Federal Circuit that his use of “Captain Cannabis” gave him priority over the 2014 registration. The board deemed the decision precedential after an October Federal Circuit ruling affirmed findings that the Canadian’s use of the character name to market and sell his comics established common law—use-based—priority.

The TTAB decision turned on precisely ...