Home » Home » Trademark board says Ross abandonment trial can proceed

Trademark board says Ross abandonment trial can proceed

ALEXANDRIA, Va. (BRAIN) — A U.S. Patent and Trademark Office board will continue to review a petition by members of the Ross family to regain ownership of the Ross Bicycles trademark, which the family members claim has been abandoned by its current registrant.

Advertisement

Century Sports, Inc., the trademark’s current registrant, had asked the board to suspend its proceedings while it sued the Rosses for trademark infringment. 

Century says it continues to use the Ross name, selling and shipping hundreds of Ross bikes to a wholesaler as recently as July 2019. Century filed the infringement suit in August, charging that Randy Ross, Sean Ross, and their company, Ross Bicycles LLC, are using the trademark to market a forthcoming line of bikes

Generally trademarks can be ruled abandoned if they have not been used in commerce for three or more years. 

Michael Webster, the trademark board’s interlocutory attorney, ruled that the cancellation proceedings are too far along to be suspended now because of the related civil suit.

“It is the policy of the board to suspend proceedings when the parties are involved in a civil action which may be dispositive of or have a bearing on the board case … In this case, (Century’s) motion to suspend was filed after the trial periods ended and almost a month after (Ross Bicycles LLC) filed its brief on the case,” Webster wrote in an order released Monday.

“Accordingly, the motion to suspend pending disposition of the civil action is denied. Because the briefing periods have closed the case will be submitted for final decision,” Webster concluded. He did not indicate when that decision should be expected.

Century has submitted exhibits to the board showing that it has continued to market and sell Ross bikes, including making presentations to a Walmart buyer recently. 

The Rosses have argued that much of that evidence is inadmissible for procedural reasons. They also argue that even despite the recent activity shown in the exhibits, the trademark’s previous owner, Rand International, had abandoned it at least from 2010-2013, and any recent activity would not revive the mark. 

The original Ross bicycle company dates to 1940 when Albert Ross — Randy Ross’s grandfather — founded Ross Galvanizing Works in Brooklyn’s Williamsburg neighborhood. The family lost control of the company in 1988 when it went bankrupt and its assets were acquired by Rand International, then owned by the Goldmeier family. Randy’s father, Sherwood Ross, went to work for the new owners, but Randy did not. 

The Goldmeiers later sold Rand, but then sued to force the company into Chapter 7 bankruptcy when the new owner failed to make payments. They took the Ross trademark and other assets back in the Chapter 7 settlement in 2013. 

About bikerepair_admin

Share a little biographical information here to fill out your profile as the author. Just fill the "Biographical Info" form in the User Profile section in your Dashboard. Also... use your email that connect with Gravatar, so your pict will appear in the left.
DIYBikeRepair

Leave a Reply

Your email address will not be published. Required fields are marked *

*

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>

Scroll To Top
The owner of this website is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon properties including, but not limited to, amazon.com, endless.com, myhabit.com, smallparts.com, or amazonwireless.com.
Home Privacy Policy Terms Of Use Anti Spam Policy Things To Know About Your Mountain Bike Parts Affiliate Disclosure Amazon Affiliate Disclaimer DMCA Earnings Disclaimer