Trademark: Canceled

Description

Abstract: Under trademark law, a mark’s nonuse in commerce for three consecutive years constitutes evidence of abandonment. This article discusses a case in which one company attempted to cancel another’s registration, claiming that the latter hadn’t actually used the mark as registered because it didn’t offer software to consumers as a good in trade. The court’s ruling demonstrates that trademarking in a digital marketplace may not be as straightforward as it was in the past. Citation: Lens.com, Inc. v. 1-800 Contacts, Inc., 2011-1258, Aug. 3, 2012 (7th Cir.)