This morning, the Federal Circuit released one precedential opinion and one nonprecedential order. The precedential opinion comes in a trademark case on appeal from the Trademark Trial and Appeal Board. The nonprecedential order dismisses an appeal. Here is the introduction to the opinion and a link to the order.
Heritage Alliance v. American Policy Roundtable (Precedential)
Heritage Alliance offers voter guides to the public under the names “iVoterGuide” and “iVoterGuide.com.” In January 2019, the American Policy Roundtable (APR), whose website offers information on public policy and political issues to the public, filed for registration of the marks “iVoters” and “iVoters.com.” Heritage (which was eventually joined by AFA Action, Inc.) opposed APR’s registration on the ground that APR’s proposed marks would likely be confused with Heritage’s marks, for which Heritage claimed priority of use as marks. See 15 U.S.C. § 1052(d) (providing for refusal of registration on such grounds). The Trademark Trial and Appeal Board (Board) of the United States Patent and Trademark Office (PTO), noting that likelihood of confusion was effectively conceded by APR, found that Heritage’s prior-use marks were not themselves protectable, reasoning that Heritage’s “iVoterGuide” and “iVoterGuide.com” marks were highly descriptive and had not acquired distinctiveness, and the Board therefore dismissed the opposition. Heritage Alliance v. American Policy Roundtable, Opposition No. 91249712, 2023 WL 6442587, at *1, *9, *13 (Sept. 29, 2023) (Board Decision). Heritage appeals. We affirm the dismissal.