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Intellectual Property

May 20, 2026

No fairytale ending: Supreme Court leaves consumers out of trademark fights

See more on No fairytale ending: Supreme Court leaves consumers out of trademark fights

Scott R. Commerson

Partner
Davis Wright Tremaine LLP

Brand protection, anti-counterfeiting, intellectual property litigation and counseling, and cybercrime enforcement.

Phone: (213) 633-6800

Email: scottcommerson@dwt.com

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Michael Drell

Associate
Davis Wright Tremaine LLP

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No fairytale ending: Supreme Court leaves consumers out of trademark fights

There was no fairytale ending for consumer Rebecca Curtin when the Supreme Court denied certiorari in Curtin v. United Trademark Holdings, Inc., leaving in place the Federal Circuit's decision that Curtin, as a consumer, was not entitled to oppose registration of the mark RAPUNZEL for dolls. As a result, standing to oppose trademark registration on certain grounds--including genericness, descriptiveness and failure to function as a trademark--is limited to those who ...

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