Emerald Cities Collaborative, Inc. (ECC) was unable to show that the Trademark Trial and Appeal Board’s cancellation of its trademark registration of THE EMERALD CITY and dismissing its opposition to an application filed by Sheri Jean Roese (“Roese”) was an error, according to the U.S. Court of Appeals for the Federal Circuit. The Board did not err in determining that a 2009 agreement between ECC and Perry Orlando regarding the mark prior to its registration constituted an assignment of the intent-to-use application for that mark in violation of Section 10 of the Lanham Act, 15 U.S.C. § 1060(a)(1) (Emerald Cities Collaborative, Inc. v. Roese, December 13, 2016, Lourie, A.).

A full summary of this case has been published on Kluwer IP Law.


To make sure you do not miss out on regular updates from the Kluwer Trademark Blog, please subscribe here.

Kluwer IP Law

The 2022 Future Ready Lawyer survey showed that 79% of lawyers think that the importance of legal technology will increase for next year. With Kluwer IP Law you can navigate the increasingly global practice of IP law with specialized, local and cross-border information and tools from every preferred location. Are you, as an IP professional, ready for the future?

Learn how Kluwer IP Law can support you.

Kluwer IP Law
This page as PDF

Leave a Reply

Your email address will not be published. Required fields are marked *