Civ. A. No. 92-0715-A. July 31, 1992 Lawrence Jay Gotts, Kirkland Ellis, Washington, D.C., for plaintiff. Richard Cullen, U.S. Atty., E.D.Va., Richmond, Va., Richard Parker, Asst. U.S. Atty., Alexandria, for defendant. MEMORANDUM OPINION CLAUDE HILTON, Chief Judge This matter came before the court on July 16, 1992 on cross motions for summary judgment. Both parties agree that no material facts are in dispute and the court should decide this case on the summary judgment motions. The plaintiff, Lands'
(a) An application for a trademark or service mark must include one or more of the following five filing bases: (1)Use in commerce under section 1(a) of the Act. The requirements for an application under section 1(a) of the Act are: (i) The applicant's verified statement that the mark is in use in commerce. If the verified statement is not filed with the initial application, the verified statement must also allege that the mark was in use in commerce as of the application filing date; (ii) The date