英美商标法案例-Pro-Football, Inc. v. Harjo |
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时间:2013-04-14
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415 F.3d 44 (D.C. Cir. 2005), U.S. Court of Appeals for the District of Columbia Facts Issue Whether the complainants had indeed presented "substantial evidence" to the TTAB Opinion Reviewing the evidence presented to the TTAB - primarily surveys, dictionary definitions, and uses in media such as Western-genre films - the Court of Appeals quickly found it to be a sufficient basis for the TTAB decision, and moved on to the more complicated question of laches. The Native Americans claimed that laches should not apply to a disparagement claim at all, because the law specifies that such a claim can be brought "at any time". The Court rejected this, noting that other language in the same statute specifically permits equitable defenses, and laches is such a defense. The Court then considered the applicability of laches to the case at hand. Because the defense depends on the laxity of the plaintiff in pursuing his rights - which can not effectively be pursued until the plaintiff has reached the age of majority - the Court found that the defense could not be applied against the one plaintiff who had been a minor until recently, and therefore that the plaintiff had not slept on his rights. The Court acknowledged the assertion by the owner that this finding would leave trademarks disparaging a group with a constantly expanding population "perpetually at risk": The fact that Pro-Football may never have security in its trademark registrations stems from Congress's decision not to set a statute of limitations and instead to authorize petitions for cancellation based on disparagement "at any time". |
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