Dallas solo practitioner Wendy B. Mills secured a defense verdict for XRC LLC, which operates the website CE4RT.com, offering continuing education credits for radiologic technologists. Following a three-day trial that ended on Sept. 26, Mills convinced a federal jury in Dallas that the registered trademark X-RAY CE is generic and that XRC LLC’s use of the trademark was fair use.

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. Mills said, “the jury listened to the testimony presented by each side and returned a verdict that the trademark is generic.”

Following the defense verdict, the next day United States Magistrate Judge Renee Harris Toliver issued the final judgment in the 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.

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