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E.D. La. District Court Upholds TTAB's "ORCHID CREAM VANILLA" Snowball Decision

In the latest chapter of the snowball fight over SnoWizard's registration for the mark ORCHID CREAM VANILLA for "flavoring concentrate for non-nutritional purposes, namely, flavoring concentrate for shaved ice confections," the U.S. District Court for the Eastern District of Louisiana has upheld the TTAB's decision [TTABlogged here] finding the mark merely descriptive and cancelling the registration. Southern Snow Manufacturing Co. v. Snow Wizard Holdings, Inc., Civil Action 16-9170 et al. (E.D. La.).Snowizard appealed to the CAFC from the Board's decision, but Southern Snow invoked 15 U.S.C. Sec. 1071(b). However,the appellee has the right, within 20 days of the notice of appeal, to invoke 1071(b) to remove the appeal from the CAFC, requiring the appellant to file an action in the district court...continue to full post

Full post as published by The TTABlog on March 30, 2011 (boomark / email).