Larry Marshak v. Faye Treadwell Treadwell Drifters, Inc the Drifters, Inc. Bowen Agency Ltd/admiral Talent

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that laches could not bar cancellation claim brought more than five years after registration
• holding that Beauty Time does not govern the statute of limitations applicable to claims under § 14 of the Lanham Act, 15 U.S.C. § 1064, for cancellation of a trademark registration
• noting that while appellate review is available in the case of an order that “is not technically final but resolves all issues that are not purely ministerial, the accounting at issue in this case does not come within that rule” (internal citations omitted)
• “Afinding of liability that does not also specify damages is not a final decision.”
• “A successful musical group does not abandon its mark unless there is proof that the owner ceased to commercially exploit the mark’s secondary meaning in the music industry.”
• “We thus hold that fraud in the 6 procurement of the federal mark was properly proven and that cancellation was justified.”

Source: CourtListener parenthetical corpus (CC0).