In June, the Court of Appeals for the Federal Circuit (CAFC) overturned the Trademark Trial and Appeal Board (TTAB) decision in Meenaxi Enterprise Inc. v. Coca-Cola Co., where the TTAB canceled Meenaxi’s trademark registrations for “Thums Up” and “Limca,” brand names that Coca-Cola has used in India for decades. Law360 interviewed Finnegan partner Mark Sommers to discuss the CAFC’s precedential decision.
Mark explained that the CAFC’s ruling regarding standing to file suit “sets the stage” for the decision to be brought to the Supreme Court of the United States to resolve conflicting opinions between appellate courts.
Mark added, “For now, companies with valued foreign brands not used in the U.S. need to track consumer recognition of such brands within the U.S. to help in establishing standing.”
Read “The Biggest Trademark Rulings Of 2022: A Midyear Report”
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Trademark Trial and Appeal Board (TTAB), United States Court of Appeals for the Federal Circuit (CAFC), Supreme Court of the United States (SCOTUS), trademark registration