In the article “US District Courts Can Void Trademark Applications, Landmark Decision Rules,” partner Jonathan Menkes, who is co-chair of the firm’s CBD and Legal Cannabis Group, offered his thoughts on a recent ruling in the US Court of Appeals for the Ninth Circuit.
The article focuses on the outcome of BBK Tobacco & Foods LLP v. Central Coast Agriculture Inc, in which the Ninth Circuit held that district courts have the power to void trademark applications pending before the US Patent and Trademark Office (USPTO), so long as the dispute also involves an existing trademark registration. Menkes maintained that the decision is one “that every trademark practitioner needs to know about, even if they do not represent clients in the legal cannabis or CBD space.”
Menkes further explained that he expects this decision will lead to more companies pursuing district court litigation instead of filing trademark oppositions with the Trademark Trial and Appeal Board (TTAB).
Read the full article here.
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