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CAFC Reverses TTAB: Website Specimen of Use Need Not Include a Picture

The CAFC reversed a TTAB ruling [TTABlogged here] that rejected a website specimen of use that did not include a photograph of the subject product. The appellate court held that "a picture is not a mandatory requirement for a website-based specimen of use." It pointed out that the test for an acceptable website specimen, "just as any other specimen, is simply that it must in some way evince that the mark is 'associated' with the goods and serves as an indicator of source." In re Michael Sones, Appeal No. 2009-1140 (December 23, 2009) [precedential].Applicant's specimen of use(click on picture for larger image)The TTAB based its bright-line rule on Lands' End, Inc. v. Manbeck, 797 F. Supp. 511 (E.D. Va. 1992), which dealt with a catalog specimen...continue to full post

Full post as published by The TTABlog on December 24, 2009 (boomark / email).