Am. Cruise Lines, Inc. v. HMS Am. Queen Steamboat Co. LLC, DEFAX Case No. D67483 (D.Del. Dec. 22, 2016), Andrews, J. (14 pages).
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.
|January 11, 2017
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