CAFC discusses Paris Convention in In re Rath

The TTAB relied on In re Establissements Darty et Fils, 759 F2d 15 (CAFC 1985) to deny trademark registration in a (nondescriptive) surname. Appellant invoked the Paris Convention, so there is a debate (of sorts) on international law vs. US law. The CAFC affirmed the Board, although this legal question was treated de novo (citing to International Flavors and Fragrances, 183 F3d 1361 (CAFC 1999).

There was discussion of whether the Paris Convention was self-implementing. The CAFC relied on Kawai v. Metlestics, 480 F2d 880 (CCPA 1973).

The CAFC cites to Murray v. The Schooner Charming Betsy, 6 U.S. 64 (1804) and mentions the Charming Betsy presumption.

[One of my old favorites is the Schooner Peggy, 5 US 102 (1801).]