The Ninth Circuit holds that a rushed, litigation-driven app launch is not the bona fide use in commerce the Lanham Act demands — and Apple gets the MEMOJI registration cancelled.
A single in-state sale of two caps to an out-of-state buyer was enough use in commerce to defeat cancellation, as the Federal Circuit rejected a de minimis test for Lanham Act use.
Decades of planning an air-taxi reservation service could not satisfy the Lanham Act's use requirement, because the AIRFLITE service was never actually rendered to the public.
The Federal Circuit holds that advertising a service you have not yet performed cannot support a use-based service-mark registration, voiding the PLAYDOM mark ab initio.
