Abstract
The U.S. Supreme Court interpreted the provision in Lanham Act that provides remedies to any who believes that he is or will be damaged, The Court set forth a two-prong test tied to the Act that should be used to assess whether a statutory person can seek remedies. The Fourth Circuit followed the Court's decision and applied the test to petitions to cancel trademarks. The Federal Circuit used a real interest and reasonable belief approach, which the Supreme Court criticized. A petition for certiorari will be filed which asks for the Court to resolve this conflict between the Circuits on a threshold issue of federal statutory law. The petition for certiorari is no. 20-1309 on the docket of the Supreme Court of the U.S.
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