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Us Search Legal Llc

Legal Search has been successfully serving the staffing needs of the legal industry since 1993. As an independent company, we have the opportunity to customize our placement process through state-of-the-art recruitment, screening, testing and interviewing. 8. LLC adds that the PTO`s administrative decision of December 5, 2000 ordering LLC to reject the word “search” (and also rejecting LLC`s application for registration on the grounds of likelihood of confusion with the Dot Com mark and the U.S. Record Search mark) was evidence that the PTO concluded that: that the trademark composed of LLC “U.S. Search” is suggestive.   We reject this argument.   Nowhere in the official act was it stated that the PTO had taken into account the distinctiveness of the “American research” in its entirety. 3. The OTP also proposed that LLC deny any rights to the word “research”. 4. LLC puts forward two other arguments that require only brief discussion.

  First, the District Court wrongly refused to consider expert testimony offered by Gary D. Krugman, an independent trademark attorney and former trademark administrative judge of the Trademark Trial and Appeal Board.   The District Court held that Mr. Krugman`s testimony was nothing more than legal advice and was therefore inadmissible.   We find no error in the review of the decision of the court of first instance for misuse of powers.   See Cooper v. Smith & Nephew, Inc., 259 F.3d 194, 200 (4th Cir.2001).   Second, LLC alleges that the District Court abused its discretion by awarding DotCom certain litigation-related costs.   LLC suggests that DotCom was not a winning party, see Fed.R.Civ.P.

54(d)(1) because it voluntarily dismissed its counterclaim against LLC. Although DotCom dismissed its counterclaim, it did so only after it had enforced its claim for summary judgment in LLC against it.   The District Court ruled in favor of DotCom and dismissed LLC`s lawsuit with prejudice.   Costs were at the discretion of the court.   See Cherry v. Champion Int`l Corp., 186 F.3d 442, 446 (1999).  Unlike the lack of evidence on which LLC relies to show that its use of “U.S. Search” merits service mark protection, DotCom has presented substantial evidence that tends to show that the term is generic or at most descriptive.

  For example, DotCom has provided numerous documents generated by Hiller and LLC that repeatedly use the term “search” as a synonym for executive search and refer to recruitment as a “search process.”   DotCom also submitted printouts of websites from several other recruitment firms that consistently use the word “search” as a synonym for executive search.   A report by Thompson & Thompson found that more than 3,600 employment agencies use the word “search” in their names.   DotCom also provided numerous examples of media references to executive search firms as “recruitment firms”.   We agree with the District Court that the compound term “U.S. Search” for executive search services is used to describe a service in a way that is easy for the consumer to understand.9 In many cases, we then sit down with our client and work to identify organizations we can recruit from and potential candidates within those organizations. In addition to these target organizations, the United States Search, LLC conducts extensive research using its extensive database. Journals; association plans; and network contacts until several candidates, leads and references have been identified. All potential candidates are carefully interviewed and evaluated based on the information we have received from our client. Candidates considered qualified and desirable are then presented to the client. Confirmed by the published notice.

  Judge GREGORY wrote the opinion, which was supported by Justices MICHAEL and BEEZER. 1. Prior to LLC, Hiller owned and operated U.S. Search, Inc. (Inc.), where he also specialized in executive search for the plastics industry.   Hiller founded the company in 1982.   He began his career with a dozen recruiters working in various fields of employment specialization.   In 1991, Inc.

ceased operations and filed for Chapter 7 bankruptcy.   No trademarks, patents or other forms of intellectual property have been listed as active.   Hiller also filed for individual bankruptcy.   After Inc. closed, Hiller ran its executive search services from his home in Arlington, Virginia, for several years before moving operations from his home and forming LLC in 1998.