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 A. Ghajar
Partner, and Intellectual Property Trial Attorney
Cooley LLP
Phone: (310) 883-6404
Email: bghajar@cooley.com
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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