Aktieselskabet AF 21. November 2001 v. Fame Jeans, Inc.
United States Court of Appeals for the District of Columbia Circuit
525 F.3d 8 (2008)
Relevant factsFree
Bestseller (plaintiff), which successfully sold "Jack & Jones" jeans abroad, was conducting research and marketing to expand the brand into the U.S. when Fame Jeans (defendant) filed to register the same mark domestically; Bestseller opposed, but the Trademark Trial and Appeal Board and the district court ruled for Fame because Bestseller had never actually used the mark in U.S. commerce.
IssueFree
Whether a party that has made an analogous, non-sales use of a mark may defeat a competing party's trademark registration application.