CERTIORARI AS CODA: After Lexmark Rejects Multifactor Measures for Standing, Which Challengers Stand in the Zone of Interests for Lanham Act Remedies?, 25 Fed. Circuit B.J. 699 (2016) and SSRN 2807167.

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.