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Appeals › Article III › Trademark Litigation

McDermott Will & Schulte

Royal Play Penalty: No Standing in the End (Zone)

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The US Court of Appeals for the Federal Circuit dismissed an appeal from the Trademark Trial & Appeal Board, finding that the appellant lacked standing because it failed to allege any actual and particularized injury. Michael...more

McDermott Will & Schulte

No Standing to Invalidate Trademark without Threat of Infringement Suit

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The US Court of Appeals for the Ninth Circuit concluded that when a party obtains a declaratory relief finding that it does not infringe a trademark, it no longer has Article III standing to pursue invalidation of the mark....more

McDermott Will & Schulte

Standing Challenge Brews Trouble in Trademark Dispute

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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

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