American Express Marketing & Development Corp. v. Black Card LLC, 2018 FC 362
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American Express Marketing & Development Corp [Amex] filed appeals of ten decisions of the Trade-marks Opposition Board [TMOB], which dismissed its opposition to applications by Black Card LLC [BCL] for the trade-mark BLACKCARD and multiple variations thereof. Shortly before Amex was due to file its memorandum of fact and law, BCL abandoned all of the trade-mark applications with the exception of those pertaining to BLACK Design, MY BLACKCARD and MY BLACKCARD REWARDS. BCL took the position that its abandonment of the seven applications caused the related appeals to become moot. ... For the reasons that follow, I find that the appeals arising from the seven abandoned trade-mark applications are moot, and the Court should not exercise its discretion to decide them. With respect to the appeals pertaining to BLACK Design, MY BLACKCARD and MY BLACKCARD REWARDS, I find that Amex has not met its initial evidentiary burden of establishing the facts necessary to support any of the asserted grounds of opposition. The appeals are therefore dismissed.
Decision relates to:
- T-1547-16 - AMERICAN EXPRESS MARKETING & DEVELOPMENT CORP v. BLACK CARD, LLC