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Federal Circuit Affirms Right To Challenge Marks Without US Use

Mintz Member Michael Graif was quoted in Managing IP discussing the reversal of a Trademark Trial and Appeal Board case launched by Coca-Cola to protect the marks of its sodas sold in India, which had been subsequently sold by Meenaxi in the US. The Court of Appeals for the Federal Circuit said that Coca-Cola had failed to establish reputational injury thus setting a high bar for future similar disputes. Michael noted that "companies in similar situations to Coca-Cola will need to figure out how to establish that they have reputations in the US before they claim reputational injury...You need evidence before you can allege that your reputation has been damaged”. 



Managing IP