Apex Bank v. CC Serve (Fed. Cir., September 25, 2025) 2023-2143

This episode concerns a decision from the United States Court of Appeals for the Federal Circuit. The court opinion, Apex Bank v. CC Serve Corp., decided on September 25, 2025, addresses an appeal from the Trademark Trial and Appeal Board regarding the likelihood of confusion between the ASPIRE mark used by CC Serve and the proposed ASPIRE BANK marks of Apex Bank. The Federal Circuit affirmed-in-part, vacated-in-part, and remanded the case, specifically upholding the Board's finding of high similarity between the parties' services (DuPont factor two) but vacating the findings on third-party use and overall mark similarity (DuPont factors six and one) due to the Board’s overly narrow scope of services considered. 

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