Guarding the Zone: Federal Circuit Allows Only Defensive Use of Trademark Natural Expansion Doctrine


In Dollar Financial Group, Inc. v. Brittex Financial, Inc., the US Court of Appeals for the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (TTAB’s) decision granting in part Brittex Financial, Inc.’s petition to cancel of two of Dollar Financial Group, Inc.’s (DFG’s) trademark registrations, holding that DFG cannot offensively use the zone of natural expansion doctrine to show priority and finding a likelihood of confusion with DFG’s marks as used for pawn brokerage and pawn shop services.

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