by Dennis Crouch

Araujo v. Framboise Holdings Inc., No. 23-1142 (Fed. Cir. Apr. 30, 2024).

In this appeal, the Federal Circuit affirmed a Trademark Trial and Appeal Board (TTAB) decision sustaining an opposition proceeding and refusing registration of the standard character mark #TODECACHO for hair combs. Procedural and Substantive: the Federal Circuit held that the TTAB properly allowed Framboise to extend its trial period; and that substantial evidence supported the TTAB’s finding that Framboise established prior use.  Opinion by Judge Lourie, joined by Judges Linn and Stoll.

In Brazilian Portuguese the colloquial phrase – “to de cacho” –  is often used to mean “I am angry.”  In the context of this case, however, it references difficult to control curly hair. (more…)