White v. Paramount Pictures Corp.

White (plaintiff), a band member, created a connect-the-dots game bearing the mark THE ROMULANS starting in 1982, selling about 20-25 copies a year and giving away many more, without keeping business records, and sought federal registration in 1991. Paramount (defendant), which had used ROMULANS in its Star Trek properties since 1966, opposed the registration, and the Trademark Trial and Appeal Board granted Paramount summary judgment, finding White's use was not a bona fide use in commerce; White appealed.

Whether sporadic and varied use of a mark satisfies the ordinary-course-of-trade use requirement under the Trademark Law Revision Act for registering a mark.