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Intellectual Property,
9th U.S. Circuit Court of Appeals

Apr. 15, 2024

9th Circuit treats trademark applications as registrations; cancels same

The 9th Circuit Court has extended Lanham Act Section 1119 to cover trademark applications, allowing a plaintiff to invalidate a defendant’s applications when there is a lawsuit pending involving the registrations.

Jane Shay Wald

Partner Emeritus, Irell & Manella LLP

Jane Shay Wald is a partner emeritus with Irell & Manella LLP in the L.A. office, and is chair of the firm's trademark practice group.

Shutterstock

The Lanham Act is the federal law encompassing infringement of registered and unregistered trademarks. It also regulates the requirements and process of applying for trademark registrations. The interplay between the Lanham Act’s trademark litigation and registration roles resulted in an unusual holding by the 9th Circuit. BBK Tobacco & Foods LLP, dba HBI International v. Central Coast Agriculture, Inc., Appeals Nos. 22-016190 and 1628...

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