Church's appeal to a higher authority prevails over adidas

United States of America

The US Court of Appeals for the Federal Circuit has reversed the TTAB’s decision that the sale and transfer of goods in an Illinois church bookstore were de minimis and insufficient to constitute interstate commerce. The court considered whether an intrastate sale to an out-of-state resident satisfied the ‘use in commerce’ requirement under the Lanham Act, and the decision demonstrates a more generous standard of analysis.

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