No. 20-1589

Kris Kaszuba, dba Hollywood Group v. Drew Hirshfeld, Acting Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office

Lower Court: Federal Circuit
Docketed: 2021-05-17
Status: Denied
Type: Paid
Relisted (2)
Tags: 15-usc-1064 administrative-law appointments-clause civil-procedure constitutional-interpretation federal-circuit judicial-review lexmark principal-officers standing trademark trademark-law
Key Terms:
Trademark Patent JusticiabilityDoctri
Latest Conference: 2021-12-10 (distributed 2 times)
Question Presented (AI Summary)

Has the Federal Circuit erred in refusing to follow this Court's Lexmark precedent, and in not applying precedent to standing under 15 U.S.C. § 1064

Question Presented (OCR Extract)

QUESTIONS PRESENTED , 1. Has the Federal Circuit erred in refusing to follow this Court’s Lexmark precedent, and in not applying precedent to standing under 15 U.S.C. § 1064. 2. Has the Federal Circuit erred in allowing Intervention by the USPTO Director ; under 35 U.S.C §143 which only allows the Director to intervene in an appeal from a decision entered of the Patent Trial Appeal Board hearings and not an appeal from the Trademark Trial and Appeal Board which is the case in question. 3. Whether Administrative Trademark Judges of the U.S. Trademark Trial and . : Appeal Board, “who are appointed by the Secretary of Commerce, in consultation with the Director” pursuant to 15 U.S.C. § 1067, are, for purposes of the Appointments Clause, U.S. Const. Art. II, § 2, Cl. 2, principal officers who must be appointed by the President with the Senate’s advice and consent. . ii ;

Docket Entries

2021-12-13
Rehearing DENIED.
2021-11-23
DISTRIBUTED for Conference of 12/10/2021.
2021-10-28
2021-10-04
Petition DENIED.
2021-09-22
Supplemental brief of petitioner Kris Kaszuba filed. (Distributed)
2021-08-30
Reply of petitioner Kris Kaszuba filed. (Distributed)
2021-08-04
DISTRIBUTED for Conference of 9/27/2021.
2021-07-16
Brief of respondent Hirshfeld, Drew in opposition filed.
2021-06-04
Motion to extend the time to file a response is granted and the time is extended to and including July 16, 2021.
2021-06-03
Motion to extend the time to file a response from June 16, 2021 to July 16, 2021, submitted to The Clerk.
2021-03-20
Petition for a writ of certiorari filed. (Response due June 16, 2021)

Attorneys

Hirshfeld, Drew
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent
Kris Kaszuba
Kris Kaszuba — Petitioner
Kris Kaszuba — Petitioner