On September 26, 2018, after a three-day jury trial, a Federal Jury in Dallas returned a verdict in favor of Defendant XRC, LLC that the registered trademark X-RAY CE is generic and that Defendants use thereof was fair use. XRC LLC operates the website CE4RT.com offering continuing education credits for radiologic technologists. CE is the abbreviation for Continuing Education. X-Ray Techs or Radiologic Technologists are required by each State to obtain Continuing Education Courses to maintain their licenses. Wendy B. Mills, Attorney for Defendant XRC, LLC said, the Jury listened to the testimony presented by each side and returned a verdict that the trademark is generic.
Pursuant to the Jury Verdict finding that the trademark is generic, on September 27, 2018, United States Magistrate Judge Renee Harris Toliver issued the Final Judgment in this matter and ordered the Director of the United States Patent and Trademark Office to cancel the registration for the trademark X-RAY CE.
This case is: Robert Vandling d/b/a X-Ray CE v. XRC, LLC and XRC, LLC v. Wendy Vandling; Case No. 3:16-cv-01399-BK in the United States District Court for the Northern District of Texas, Dallas Division.
For more information contact Wendy B. Mills at 214-969-5995 x 1001 or visit WB Mills, PLLCs website at https://wbmillslaw.com.
Wendy B. Mills, 214-969-5995 x 1001