Aycock Engineering, Inc. v. Airflite, Inc.
United States Court of Appeals for the Federal Circuit
560 F.3d 1350 (2009)
William Aycock spent decades developing "Airflite," a planned charter-flight brokerage business, forming Aycock Engineering (plaintiff) as its corporate vehicle and advertising the concept to air-taxi companies, only a handful of which ever signed on. Aycock never advertised to the public or arranged a single flight, but still obtained and later renewed a federal service mark registration for "Airflite." Airflite, Inc. (defendant) petitioned to cancel the mark, and the Trademark Trial and Appeal Board ruled that Aycock Engineering had never actually rendered the service in commerce.
Whether a service mark used only to advertise a future service, without the service ever being rendered in commerce, satisfies the actual-use requirement for service mark registration.