So they re still on the. An abandoned mark returns to the public domain.See, e.g., George & Co. v. Imagination Entmt Ltd., 575 F.3d 383, 91 USPQ2d 1786,1796 (4th Cir. 1943), finding that use of the title Popular,Photography and those of other predecessors on the masthead of subsequent.publication American Photography did not prevent abandonment:The names of the periodicals listed under American,170Dates on the poster and the two plaques are 1987, 1995, and 1997, respectively. Bakare testified that Opposer developed a new six-door Cadillac limousine,(commonly used in the funeral industry71), manufactured eight to ten of them in 2009,or 2010 for a company named B & S Funeral Limousine (B & S Limo) and intended,to place an ARMBRUSTER/STAGEWAY badge on them, but decided to put its plans,on hold when it found out that Cadillac was going to change the body style, [b]ecause,we said theres no point in launching with a car that we know its going to be obsolete,That was actually the intent, but we just didnt have.70 Id. A claim of likelihood of confusion that is not wholly without merit,,including prior use of a confusingly similar mark, may be sufficient to establish a,reasonable basis for a belief that one is damaged. Lipton Indus., Inc. v. Ralston.Purina Co., 670 F.2d 1024, 213 USPQ 185, 189 (CCPA 1982).46 Myers Trial Test. Yes. If a mark,owners nonuse is excusable, it has overcome the presumption that its nonuse was,coupled with an intent not to resume use; if the activities are insufficient to excuse,nonuse, the presumption is not overcome. Mr. Zachary, general manager of,Opposers dealership in New Jersey, also testified that he had not seen a car with,that mark at his location since he began work there in 2002.130.128 Rutherford Test. I mean, sporadically through through the years.67 Bakare Trial Test. Find out what works well at Executive Coach Builders from the people who know best. Dev. Is there any other banners or signages that.156 Dutcher Test. at 6:11-9:25, 72 TTABVUE 11-14.TTABVUE 324-27; Lester Trial Test. Some concern the weight due the evidence,rather than its admissibility, and none is to evidence material to our outcome-,determinative findings of fact. For over 40 years Executive Coach Builders has been the premier luxury limousine and bus builder. I think I saw one that bore the name of it. Zachary testified that he first registered the domain names,2009 after a conversation that I had with the owner of Executive Coach Builders,regarding the building of some funeral cars for a customer and to and for us to, you.know, relaunch the Armbruster/Stageway name.109 Mr. Zachary continued:Q. Okay. Bakare and Mr. Zachary who actually sold to B & S the six-door Cadillac,limousines Opposer made in 2009129 testified that those cars were not branded,ARMBRUSTER/STAGEWAY at manufacture. The cover letter to the warranty manual accompanying,Opposers cars began: Executive Coach Builders Inc. and Armbruster Stageways,(Hereafter called ECB), limited warranty and claim procedures on limousine,conversions built after March Sixteenth Nineteen-Ninety Three is as listed below:147,146Applicant characterizes some of these as claimed analogous uses, but Opposer neither pled,The only such warranty of record (above) is dated February 1994, two months,after Mr. Bakare bought Opposer.148 Mr. Bakare testified that the warranty had been,updated, but generally the cover letter has always been the same from 1993 until,the Armbruster Stageway name was removed between 2011 and 2013.149,Signs, Plaques, and Memorabilia at Opposers Plant.150 There is evidence that,the following two ARMBRUSTER/STAGEWAY signs hang inside Opposers current,manufacturing facility, as they have in each of its previous plants:151.148 Bakare Trial Test. The process of trying to the process of registering,Q. And tell me again what year you saw these vehicles.A.
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