District court properly granted judgment in favor of manufacturer in trademark registration dispute against distributor even though the district court erroneously used the "first use test" instead of the correct "McCarthy test." Affirmed in part, vacated in part and remanded.
May 05, 2017 at 12:00 AM
1 minute read
Lanham Act • Trademark Registration • “First–Use Test” • McCarthy Test • Fraud
Covertech Fabricating, Inc. v. TVM Bldg. Prod., Inc., PICS Case No. 17-0669 (3 Cir. April 18, 2017) Krause, U.S.C.J. (24 pages).
District court properly granted judgment in favor of manufacturer in trademark registration dispute against distributor even though the district court erroneously used the “first use test” instead of the correct “McCarthy test.” Affirmed in part, vacated in part and remanded.
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