No. 20-1552

Naked TM, LLC v. Australian Therapeutic Supplies Pty. Ltd.

Lower Court: Federal Circuit
Docketed: 2021-05-07
Status: Denied
Type: Paid
Experienced Counsel
Tags: circuit-split federal-circuit judicial-precedent lanham-act lexmark standing statutory-cause-of-action statutory-interpretation trademark trademark-registration trademark-standing
Key Terms:
Trademark Patent Privacy JusticiabilityDoctri
Latest Conference: 2021-09-27
Question Presented (from Petition)

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?

Question Presented (AI Summary)

Whether respondent has standing to cancel petitioner's trademark registration under 15 U.S.C. § 1064 despite prior agreement to allow registration

Docket Entries

2021-10-04
Petition DENIED.
2021-06-23
DISTRIBUTED for Conference of 9/27/2021.
2021-04-28
Petition for a writ of certiorari filed. (Response due June 7, 2021)

Attorneys

NAKED TM LLC
Dennis P. Derrick — Petitioner