John Welch and Martin Schwimmer, partner at Leason Ellis LLP, co-authored an article published by World Trademark Review titled “Where to appeal a TTAB decision? The choice is complicated.” The two were asked to comment on the implications of the March 2021 Fourth Circuit ruling and were quoted in a recent World Trademark Review article titled “US district court deals Snyder’s “serious blow” in latest PRETZEL CRISPS ruling.”
John and Martin reveal that appealing the district court’s findings will be no easy feat for the PRETZEL CRISPS applicants based on the latest developments in the case. Genericness is an issue of fact and in this recent article both John and Martin maintain that it is likely that the appellate court will be looking to see if the district court findings are backed by substantial and factual evidence. Read more (subscription required).