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''Lens.com, Inc. v. 1-800 Contacts, Inc.'', No. 11-1258 (Fed. Cir. Aug. 3, 2012), is a decision by the United States Court of Appeals for the Federal Circuit which ruled that when software merely acts as a "conduit" for providing services over the internet, and does not have an independent value ''per se'', it does not constitute a "good" being "sold or transported in commerce" for the purposes of establishing whether or not a trademark for "computer software" has been "abandoned" under and (the relevant sections of the federal Lanham Act.)〔 The case was important because it clarified the Federal Circuit's view of the "use in commerce" requirement for trademarks when a non-traditional use of the trademark was employed. This had implications for trademark holders who held "computer software"-related intellectual property and sold goods over the internet. This also affected trademark holders who used their marks in non-traditional manners,〔 or those whose marks were inappropriately described in the trademark filing.〔 ==Background of the case== The parties were both competing retailers of contact lenses and related products. In 2001, Lens.com had attempted to register the trademark ''LENS'' in connection with "''retail store services'' featuring contact eyewear products rendered via a global computer network."〔 The United States Patent and Trademark Office (USPTO) rejected the application, citing the prior registration of the same trademark by another company in connection with "''computer software'' featuring programs used for electronic ordering of contact lenses in the field of ophthalmology, optometry and opticianry."〔 Lens.com was eventually assigned this prior-registered trademark by the other company as part of the settlement of a lawsuit. However, Lens.com did not proceed to register the trademark ''LENS'' in connection with ''retail store services'' as it had previously attempted to do. It continued selling contact lenses to consumers through its website. In 2008, the appellee/plaintiff 1-800 Contacts filed an application with the Trademark Trial and Appeal Board (TTAB) to cancel the ''LENS'' trademark, alleging among other things that the appellant/defendant Lens.com had abandoned the trademark because it had never sold or engaged in the trade of "''computer software''".〔 In 2010, the TTAB agreed, stating that Lens.com's "software ()s merely incidental to its retail sale of contact lenses, and ()s not a ‘good in trade,’ i.e., "solicited or purchased in the market place for () intrinsic value."〔''Lens.com'', ''supra'', at 3.〕 Lens.com's motion for a reconsideration of its decision was denied by the TTAB later in 2010, and the USPTO shortly thereafter proceeded to cancel the trademark.〔''Ibid''.〕 Lens.com appealed the cancellation decision to the Federal Circuit Court, which issued its decision on August 3, 2012. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Lens.com, Inc. v. 1-800 Contacts, Inc.」の詳細全文を読む スポンサード リンク
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