The LEHMAN BROTHERS mark has been used continuously in the course of winding up the affairs of at least one Lehman Brothers affiliated company.
In a case involving competing applications to register the mark LEHMAN BROTHERS, the U.S. Court of Appeals for the Federal Circuit has affirmed a decision by the Trademark Trial and Appeal Board sustaining Barclay Capital’s opposition to registration of the LEHMAN BROTHERS mark for beer, spirits, and bar and restaurant services. The Federal Circuit agreed with the Board that Barclays Capital had not abandoned the LEHMAN BROTHERS mark based on continuous use of the mark in the course of winding up the affairs of at least one Lehman Brothers affiliated company and Barclays’ limited use of the mark. The Federal Circuit also agreed with the Board that a likelihood of confusion would result from an applicant’s registration of LEHMAN BROTHERS for alcohol and dining services (Tiger Lily Ventures Ltd. v. Barclays Capital Inc., June 1, 2022, Lourie, A.).
Case date: 01 June 2022
Case number: No 21-1107
Court: United States Court of Appeals, Federal Circuit
A full summary of this case has been published on Kluwer IP Law.