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Written April 11, 2019
Siny, a fabric company, argued that a phone number on its website qualified it as a point of sale that meets the law’s use-in-commerce test. However, the examining attorney concluded that this information was insufficient for consumers to make a purchase because it merely indicated how consumers could obtain more information necessary to make a purchase. The Trademark Trial and Appeal Board affirmed, as did the Federal Circuit, both finding that the website was mere advertising.
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