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Trademark Trial and Appeal Board › Trademark Cancellation › Article III

McDermott Will & Emery

Sour Grapes: Winery Minority Ownership Insufficient for Statutory Standing at Trademark Board

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed the dismissal of a petition seeking to cancel the registered marks of two wineries, finding the petitioner (a trust owning an interest in a competitor winery) lacked...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Justiciability of Trademark Disputes

Morrison & Foerster LLP - Left Coast Appeals on

This week, the Court addresses whether a validity challenge to a trademark remains justiciable after a judgment of non-infringement. The Court holds that the district court lacked Article III jurisdiction to determine...more

McDermott Will & Emery

Standing Challenge Brews Trouble in Trademark Dispute

McDermott Will & Emery on

Addressing for the first time Article III standing in a trademark case, the US Court of Appeals for the Federal Circuit held that hypothetical future injury is insufficient to establish standing to oppose a trademark...more

Knobbe Martens

The Battle of Brooklyn: Lack of Concrete Injury and Prior Collaboration Doom TTAB Actions

Knobbe Martens on

BROOKLYN BREWERY CORPORATION V. BROOKLYN BREW SHOP, LLC - Before Judges Dyk, O’Malley, and Hughes. Appeal from the Trademark Trial and Appeal Board. Summary: A challenger must demonstrate an injury in fact to have...more

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