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7th Circuit Rules That Sovereign Immunity Shields State from TM Infringement Counterclaim in Action for Review of TTAB Decision

On December 28, 2010, in an 85-page opinion, the U.S. Court of Appeals for the Seventh Circuit reversed in part a federal district court's entry of summary judgment, in an appeal by way of civil action from the TTAB's cancellation of the University of Wisconsin's registration for the mark CONDOR for certain software. The appellate court held that summary judgment was improper on the issue of likelihood of confusion, but the panel majority ruled that the U.S District Court for the Western District of Wisconsin was correct in holding that the University, as a state agency, was immune to the counterclaims of Phoenix Software and did not waive its sovereign immunity by bringing the action for review of the Board's decision. Board of Regents of the University of Wisconsin System v...continue to full post

Full post as published by The TTABlog on January 03, 2011 (boomark / email).