Monte Carlo Case Limited by TTAB
The TTAB (in a citable decision) holds that a Canadian entity did not use its mark in foreign commerce with the U.S. despite spillover advertising into the U.S. and some sales to U.S. customers. In so doing, the TTAB declined to apply the wide definition of 'foreign trade' in the Monte Carlo case.
More discussion by TTABlog.
First Niagara Insurance v. First Niagara Financial, Opposition Nos. 9112072 et al. (October 21, 2005).