(United States Federal Circuit) - In a trademark case to determine whether appellant used its marks in connection with personnel placement and recruitment services,or whether the Trademark Trial and Appeal Board correctly held that it failed to execute so because it used its marks on software offerings, without more, or the Board's decision is vacated where proper question is whether appellant,through its software, performed personnel placement and recruitment services and whether consumers would associate appellants registered marks with personnel placement and recruitment services, and regardless of whether the steps of the service were performed by software.
Source: findlaw.com