Trademark Violations

A truck company filed an application to register a trademark for use on its toy trucks. The United States Olympic Committee (“USOC”) filed an opposition to the registration of the mark, arguing that the USOC both owned and used the mark.

The U.S. Patent and Trademark Office (USPTO) determined that there had not been any trademark violations of the Olympic and Amateur Sports Act of 1998 (OASA) as the mark the truck company intended to use would not confuse a

connection to the Olympics. Therefore, it granted the truck company’s application.

The USOC appealed to the Court of Appeals which determined that the OASA granted the USOC exclusive rights to the use of trademarks, trade names, signs, symbols or insignia associated with the Olympics. The court held that the USOC was not required to show that the truck company’s use of the mark would likely cause confusion and reversed and remanded the case.

Based on the case brief above, answer the following questions:

a) Is the Court of Appeals a state or federal court?

b) What kind of law is the OASA (what do we call it)?

c) What does the phrase “reversed and remanded mean?”

d) Could the truck company try to appeal the Court of Appeals decision to a

higher court?

e) If so, which court?

f) Would the appeal be automatic or would the court have to accept the appeal?

Be sure to: 1) identify the legal source of the issues; 2) use and define the legal terms/phrases that apply; 3) include a minimum of two internet references (required on all Written Assignments); 4) properly cite and reference all sources using APA format.

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