In In Re: Siny Corp., No. 2018-1077 (April 10, 2019), the Federal Circuit, at the urging of the USPTO, elevated to precedential status its earlier opinion regarding use of webpages as trademark specimens for the sale of goods. The Federal Circuit, in upholding the TTAB’s denial of the registration based on an improper specimen, indicated that “[i]n determining whether a specimen qualifies as a display associated with the goods, one important consideration is whether the display is at a point-of-sale location.” In Re: Siny, slip op, at 7. With this in mind, the Federal Circuit affirmed the TTAB’s finding that the webpage submitted as a specimen did not cross over from mere advertising to an acceptable display associated with goods because of the “absence of information [] considered essential to a purchasing decision, such as a price or range of prices for the goods, the minimum quantities one may order, accepted methods of payment, or how the goods would be shipped.” Id., at 8.
Slip opinion available at http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/18-1077.Opinion.4-10-2019.pdf