TITLE	Supreme Court en banc Decision 2011Hu3698 Decided March 20, 2014¡¼Confirmation of the Scope of Right (Trademark)¡½ [full Text]
Summary
[1] The reference point at which to determine the distinctiveness of a registered trademark as an element to determine the similarity between the said trademark and a challenged mark (i.e., at the time of adjudication) [2] In a case where ¡°A¡± corporation using the challenged mark ¡° ¡± filed for adjudication of a negative confirmation of the scope of rights against American corporation ¡°B,¡± alleging that the challenged mark is not within the scope of right of B¡¯s registered trademark ¡° ,¡± which the Intellectual Property Trial and Appeal Board (¡°IPTAB¡±) granted, the case holding that although the composition of the registered trademark, in whole or in part, had little or no distinctiveness at the time of registration, the registered trademark and the challenged mark are similar trademarks at the time of adjudication

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