The Federal Circuit “OK”s a Questionable Path to Petitioning for Cancellation of a Trademark Registration
By EsqSocial Corporation 17/12/20
In Australian Therapeutic Supplies Pty Ltd. v. Naked TM, LLC, the Federal Circuit recently denied a petition for rehearing en banc of a panel decision finding that a petitioner who contracted away its rights to unregistered marks still had standing to seek cancellation of those marks because it had a “real interest” in cancellation and a “reasonable belief of damage.” Judge Wallach dissented from the denial, expressing disagreement with the majority’s broadening of the “zone of interests”...
By: Haug Partners LLP