Fed. Circ. Stance On ‘The Cold War Museum’ Mark

Chicago partner Tom Williams authored “Fed. Circ. Stance on ‘The Cold War Museum’ Mark.”

“The Federal Circuit issued a precedential opinion on Nov. 5, 2009, in The Cold War Museum Inc. v. Cold War Air Museum Inc. The court reversed the Trademark Trial and Appeal Board’s descriptiveness cancellation of THE COLD WAR MUSEUM, covering museum services, owned by The Cold War Museum Inc. The Federal Circuit’s reversal is notable for two reasons. First, it clarified that a mark’s prosecution file history is automatically of record in an inter partes board proceeding. Second, it clarified the burdens of proof in a validity-based trademark cancellation proceeding.”