Kroma Makeup EU, LLC v. Kimberly Kardashian, et al.
Arbitration Trademark Patent Copyright JusticiabilityDoctri
Whether the proper analytical framework for determining standing to pursue trademark infringement claims under § 43(a) of the Lanham Act
QUESTION PRESENTED Whether the proper analytical framework for determining standing to pursue trademark infringement (i.e., false association) claims under § 43(a) of the Lanham Act is: (1) the factors set forth in Lexmark International, Inc. v. Static Control Components, Inc. “Leamark”), 572 U.S. 118, 133-34 (2014), as adopted by the Fourth Circuit; (2) the more expansive “reasonable interest” test employed by the First, Fifth, Seventh, and Ninth Circuits; or (3) the more restrictive “rights in the name” test, as applied by the Eleventh Circuit in this and prior cases.