Zheng Cai, DBA Tai Chi Green Tea Inc. v. Diamond Hong, Inc. (Fed. Cir. 2018) On August 27, 2018, the Federal Circuit upheld the TTAB’s cancellation of Appellant’s trademark for “WU DANG TAI CHI GREEN TEA” due to a likelihood of confusion with the registered mark “TAI CHI.” Appellant argued that the TTAB abused its discretion by not considering evidence in Appellant’s main brief and his reply brief. The court disagreed, finding Appellant’s “evidence” in his main brief were assertions of fact (“Our Green Tea is so Unique in the US Market”). Finally, the court found that the TTAB is not required to permit a defendant to file a reply brief, thus the TTAB did not abuse its discretion by not considering the reply brief.
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