Home -> Law Blog Directory -> Intellectual Property Law Blogs -> The TTABlog

Intellectual Property Law

: The TTABlog

Petitioner North Face Falls Flat in Attempted Cancellation on Abandonment and Fraud Grounds

Petitioner North Face Apparel fell victim to Respondent Gerald L. Baranzyk's rope-a-dope approach to this cancellation proceeding involving the design mark shown below for "clothing, namely caps, shirts and jackets." Face alleged abandonment and fraud, but failed to prove either. Respondent did not file a brief, failed to get any evidence into the record, and did not answer Face's admission requests, which were thereby deemed admitted. But Face still managed to pull defeat from the jaws of victory. The North Face Apparel Corp. v. Gerald L. Baranzyk, Cancellation No. 92046488 (March 10, 2010) [not precedential].Abandonment: North Face attempted to prove abandonment via the testimony of three investigators who swore they could not find Baranzyk's goods...continue to full post

Full post as published by The TTABlog on March 18, 2010 (boomark / email).