Kroma Makeup EU, LLC v. Kimberly Kardashian, et al.
Whether the proper analytical framework for
determining standing to pursue trademark infringement
(i.e., false association) claims under § 43(a) of the Lanham
Act is: (1) the factors set forth in Lexmark International,
Inc. v. Static Control Components, Inc. ("Lexmark "), 572
U.S. 118, 133-34 (2014), as adopted by the Fourth Circuit;
(2) the more expansive "reasonable interest" test employed
by the First, Fifth, Seventh, and Ninth Circuits; or (3) the
more restrictive "rights in the name" test, as applied by
the Eleventh Circuit in this and prior cases.
Whether the proper analytical framework for determining standing to pursue trademark infringement claims under § 43(a) of the Lanham Act