A Canadian comic book creator had priority usage of a “Captain Cannabis” mark, the Federal Circuit ruled Thursday, concluding the Trademark Trial and Appeal Board hadn’t abused its discretion in ruling in the creator’s favor.
Cosmic Crusaders LLC and Lewis Davidson challenged the board’s 2022 decision granting Verne Andrusiek Sr.'s petition to cancel their registered “Captain Cannabis” mark for international use.
The US Court of Appeals for the Federal Circuit said substantial evidence supported the board’s finding that Andrusiek engaged in trademark use of the “Captain Cannabis” mark. It also said the board didn’t abuse its discretion when it considered ...
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