22-2211·TRADEMARK

Simply Wireless, Inc v. T-Mobile US, Inc

Vacated & Remanded

Status

Scheduled
Argued
Opinion Issued (current)

Question Presented

Whether, to rebut presumption of abandonment, owner of common law mark produced adequate evidence of intent to resume use; other issues.

Argument Date

December 6, 2023

Argument Time

9:30 a.m.

Panel

Courtroom

Tweed Courtroom (Room 414-D)

Lower Court Judge

Trenga

Associated Cases

22-2236

Panel

Chief Judge Diaz

Judge King

Judge Rushing

Citation

CaseSimply Wireless, Inc v. T-Mobile US, Inc, No. 22-2211 (4th Cir. Aug. 13, 2024)

PanelDiaz, C.J., King & Rushing, JJ.

Arguing Counsel

Robert Litowitz

per CA4 audio archive

Joseph Mueller

per CA4 audio archive

Panel That Day

3 of 3 cases argued December 6, 2023 before this panel have been decided.

Decided

22-2211· This case

Simply Wireless, Inc v. T-Mobile US, Inc

Opinion Issued

Authored by Judge King

22-4261

United States v. Eunice Nkongho

Opinion Issued

Authored by Chief Judge Diaz

22-4738

United States v. As-Samad Haynes

Opinion Issued

Authored by Judge Rushing

Opinions

Majority
by King
August 13, 2024
Read opinion ↗
Concurring in Judgment
by Rushing
August 13, 2024
Read opinion ↗

Disposition

Court: Vacated and remanded
Normalized: Vacated & Remanded

August 13, 2024