Prof. Thomas A. Reichert: The Board Changes Its Mind Without Changing the Record: Factor Six After Apex Bank

Here is a guest blog post by Thomas A. Reichert , Assistant Professor of Law at Simmons Law School, Southern Illinois University, in Carbondale, Illinois. The Board's recent decision on remand in the Apex Bank case [ TTABlogged here ] led to Professor Reichert's observations on the changing role of the sixth DuPont factor in the Board's Section 2(d) analysis. The Board Changes Its Mind Without…