• U.S. District Court of Delaware
  • D67483
  • Dec 22 2016 (Date Decided)
A claim to cancel an incontestable mark on the basis of prior use of a mark allegedly infringed upon by the incontestable mark failed, where the statutory scheme governing incontestability only removed that incontestability to the extent the mark infringed upon a prior mark, but did not authorize cancellation of the incontestable mark.

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