Use In Commerce: The Bose Problem

Jun 2009Law360, New York (June 16, 2009)

On May 6, 2009, the Court of Appeals for the Federal Circuit heard oral arguments in a case in which the underlying issues were whether Bose Corp. was correct in its interpretation of "use in commerce" as defined in 15 U.S.C. § 1127 (Section 45 of the Trademark Act) or, if Bose was not correct, did it have a reasonable and honest belief that its interpretation was correct.