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21 Mar 2014, 6:52 am
Ishtar Skin Care Products, LLC, Appeal No. 12-3631 (8th Circuit, March 13, 2014).The appellate court observed that Ishtar, "as the party seeking cancellation, had both the initial burden to establish a prima facie case that Lovely Skin's trademarks had not acquired distinctiveness at the time of the registrations and the ultimate burden of persuasion to prove that Lovely Skin's trademarks were invalid by a preponderance of the… [read post]