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Home / Opinions / Courts / 8th U.S. Circuit Court of Appeals / Administrative: Trademark Infringement-Incontestability Determination

Administrative: Trademark Infringement-Incontestability Determination

Plaintiff filed a trademark-infringement suit after obtaining incontestability status for its mark that carried a presumption of secondary meaning, which a prior jury rejected. Defendant filed counterclaims alleging plaintiff obtained incontestability status through fraud. The district court entered judgment for defendant, concluding plaintiff had not established an intervening change of circumstances or reason to order ...
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