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*CANCELLATION OF TRADEMARK REGISTRATION FOR SOFTWARE FOR ORDERING CONTACT LENSES UPHELD BECAUSE MARK WAS NOT USED IN COMMERCE
Lens.com, Inc. v. 1-800 Contacts, Inc., 11-1258

On August 3 in an opinion by Judge LINN, the Federal Circuit upheld a USPTO decision ordering cancellation of a registration for the mark LENS. Lens.com was the assignee of the registration for the mark, for identifying computer software for ordering contact lenses. 1-800 Contacts sought cancellation of the registration, alleging that Lens.com never sold or otherwise engaged in the trade of computer software, and therefore had abandoned the mark. The Federal Circuit agreed. The mark was used only in connection with the sale of contact lenses over the Internet. The software was merely the conduit for rendering online retail services. Cancellation was appropriate because Lens.com never used the mark in commerce in association with software. (1 to 4 stars rate impact of opinion on patent & trademark law)