Naked TM, LLC v. Australian Therapeutic Supplies Pty. Ltd.
Trademark Patent Privacy JusticiabilityDoctri
1. A majority of a Federal Circuit panel ruled that
respondent has standing under 15 U.S.C. § 1064 to cancel
petitioner's trademark registration even though
respondent had already agreed that petitioner could
register and use the mark in the United States. Does this
grant of standing to respondent square with the Court's
statutory cause of action jurisprudence of Lexmark Int',
Inc. v. Static Control Components, Inc., 572 U.S. 118
(2014)?
2. Does the majority's reliance on respondent's
post-filing conduct to confer standing under 15 U.S.C. §
1064 contravene this Court's precedents or extend
Lexmark sub silentio?
8. Does the majority's ruling create a split of
authority with the Fourth Circuit about the proper
standing analysis under the Lanham Act?
Whether respondent has standing to cancel petitioner's trademark registration under 15 U.S.C. § 1064 despite prior agreement to allow registration