Intellectual Property
May 22, 2024
Do courts in the 9th circuit have authority to adjudicate issues of trademark registration?
See more on Do courts in the 9th circuit have authority to adjudicate issues of trademark registration?By Bobby A. Ghajar and Colette Ghazarian, Cooley LLP
Bobby Ghajar
Partner
Cooley LLP
Email: bghajar@cooley.com
Bobby is a partner in the firm's Trademark, Copyright, and False Advertising Practice Group. He has handled dozens of high-stakes litigation and appellate matters for some of the top brand owners in the world. For several years, World Trademark Review has listed him as one of only a few lawyers in California with a "Gold" ranking for trademark enforcement and litigation; the Daily Journal has recognized him as one of the top IP litigators in California; and he is ranked by Legal 500 as a leading trademark litigator.
Colette Ghazarian
Associate, and Trademark and Copyright Litigation Attorney
Cooley LLP
Phone: (310) 883-6480
Email: cghazarian@cooley.com
Last month, the 9th US Circuit Court of Appeals issued an opinion that arguably expands federal district courts' authority over trademark disputes. In BBK Tobacco & Foods LLC v. Central Coast Agriculture, 97 F.4th 668 (2024), the 9th Circuit considered whether district courts have jurisdiction to consider challenges to trademark applications - challenges traditionally exclusively under the jurisdiction of the US Patent and Trademark Office - and, if so, whether the lack of...
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