The Stakes for Apex Bank
Apex Bank argued its services were distinct from CC Serve’s Aspire-branded credit cards and that the two did not directly compete. The Federal Circuit dismissed that defense but acknowledged the bank had a point about the TTAB’s limited view of third-party marks.
Re-examining that factor could alter the tribunal’s conclusions about the commercial strength or weakness of “Aspire,” and ultimately, the overall impression the marks make on consumers.
Who’s in the Ring
The case now heads back to the TTAB, where the board must redo its analysis. Whether this will tip the balance in Apex Bank’s favor remains an open question, but the ruling underscores how one overlooked detail can unravel an entire legal framework.
The three-judge panel included Judges Kimberly A. Moore, Todd M. Hughes, and Tiffany P. Cunningham.
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Apex Bank is represented by Michael J. Bradford and Robert Fox of Luedeka Neely Group PC.
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CC Serve Corp. is represented by Austin Padgett of Troutman Pepper Locke LLP.
Requests for comment from both sides went unanswered Thursday.
