False on §15 is not enough to cancel US registration
Great Concepts has owned Registration No. 2929764 for DANTANNA’S, in association with “steak and seafood restaurant[s]”, since March 2005. In 2006 Chutter Inc’s predecessor-in-interest, Dan Tana, petitioned to cancel the mark based on a likelihood of confusion with his common law DAN TANA mark, used in association with restaurant services.
ATLANTA (Legal Newsline) – The legendary Hollywood celebrity eatery Dan Tana’s will have to keep fighting to protect its brand against a similar-sounding restaurant in Atlanta after a federal appeals court reversed a ruling by the U.S. Patent and Trademark Office canceling the Dantanna’s trademark for fraud.
情報源: Dan Tana’s restaurant loses round one of trademark fight vs. Dantanna’s | Legal Newsline
GREAT CONCEPTS, LLC, Appellant v. CHUTTER, INC., Appellee (CAFC)