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Joyce Theater Seeks Federal Court Review of TTAB Ownership Decision

Pamela Chestek, at her Property, Intangible blog, reports (here) that the Joyce Theater Foundation had filed a complaint in the United States District Court for the Southern District of New York, under 15 U.S.C. Sec. 1071(b) of the Trademark Act, seeking review of the Board's decision in Ballet Tech Foundation, Inc. v. The Joyce Theater Foundation, Inc., 89 USPQd 1262 (TTAB 2008) [precedential]. Finding that the landlord (Ballet Tech Foundation, Inc.) is the owner the marks and that the tenant (The Joyce Theater Foundation, Inc.) used the marks under an implied license, the Board sustained an opposition to one application, and granted a petition for cancellation of five registrations, for the mark JOYCE (in various forms) for dance theater and charitable fund raising services...continue to full post

Full post as published by The TTABlog on February 12, 2009 (boomark / email).