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

Lanham Act

Question(s) Presented

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 grand of standing to respondent square with the Court’s statutory cause of action jurisprudence of Lexmark Int’l, 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?”

3. “Does the majority’s ruling create a split of authority with the Fourth Circuit about the proper standing analysis under the Lanham Act?”

Posts About this Case

Proceedings and Orders
June 23, 2021
DISTRIBUTED for Conference of 9/27/2021.
October 4, 2021
Petition DENIED.