Tag Archives: 5th Circuit requires use as a mark

5th Circuit requires use as a mark, but finds Krusty Krab restaurant in SpongeBob qualifies

Viacom Int’l, Inc. v. IJR Capital Investments, L.L.C., No. 17-20334 (5th Cir. May 22, 2018) The Fifth Circuit here adopts a “use as a mark” requirement, though not a very vigorous one, indicating once again that the concept is too … Continue reading

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