Market Overview

Dallas Jury Returns Verdict In Favor of Defendant XRC, LLC Finding That the "X-RAY CE" Trademark is Generic


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 Defendant's use
thereof was fair use. XRC LLC operates the website 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, PLLC's website at

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